Supreme Court of United States.https://leagle.com/images/logo.png
Argued May 14, 1990
Decided June 11, 1990
Attorney(s) appearing for the Case
Solicitor General Starr argued the cause for the United States. With him on the briefs were Assistant Attorney General Dennis, Deputy Solicitor General Roberts, and Michael R. Lazerwitz.
William M. Kunstler argued the cause for appellees in both cases. With him on the brief in both cases were Ronald L. Kuby, David D. Cole, Nina Kraut, and Kevin Peck. Charles S. Hamilton III, by appointment of the Court, 495 U.S. 902, filed a brief in No. 89-1434 for appellee Strong.†
Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by Charles Fried, Kathleen M. Sullivan. Norman Dorsen, and Steven R. Shapiro; for the Association of Art Museum Directors et al. by James C. Goodale; for the National Association for the Advancement of Colored People by Charles E. Carter; for People for the American Way et al. by Timothy B. Dyk, Glen D. Nager, and Elliot M. Mincberg; and for Jasper Johns et al. by Robert G. Sugarman and Gloria C. Phares.
Briefs of amici curiae were filed for the Speaker and Leadership Group of the United States House of Representatives by Steven R. Ross, Charles Tiefer, Michael L. Murray, Janina Jaruzelski, and Robert Michael Long; and for the American Bar Association by Stanley Chauvin, Jr., Randolph W. Thrower, and Robert B. McKay.
Supreme Court of United States.
JUSTICE BRENNAN delivered the opinion of the Court.
In these consolidated appeals, we consider whether appellees' prosecution for burning a United States flag in violation of the Flag Protection Act of 1989 is consistent with the First Amendment. Applying our recent decision in Texas v. Johnson,491 U.S. 397 (1989), the District Courts held that the Act cannot constitutionally...
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