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In United States v. Eichman , the Court, once again by a vote, held that burning the flag was allowable expressive conduct. As in Texas v. After the decision in Eichman , Congress once again considered a proposed constitutional amendment to protect the American flag.
In every Congress between and , the House of Representatives, when controlled by Republicans, has proposed such an amendment by the necessary two-thirds majority, but each time the amendment has fallen short in the Senate, which is less sympathetic to amendments in general. The most recent proposal was in ; the amendment passed the House by a vote of , but failed by one vote, , in the Senate. Proponents of an amendment believe that the United States should be able to preserve the flag as a symbol of national unity.
Opponents fear ratification of an amendment that would be the first to modify the protections of the First Amendment. With such continuing close votes, the issue is likely to remain controversial in the near future. This article was originally published in Mark Alcorn is a high school and college history instructor in Minnesota. Hana M. Corn-Revere, Robert. Constitution: An End to the Controversy. Goldstein, Robert J. Vile, John R. Santa Barbara, Calif.
Carroll, Joseph. Bomboy, Scott. Itkowitz, Colby. Ryman and J. Mark Alcorn. Flag Desecration [electronic resource]. Want to support the Free Speech Center?
Donate Now. Washington Street v. Flag Burning and Free Speech. Lawrence: University Press of Kansas, About the Encyclopedia.
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