Supreme Court ruling protects flag burners
American Legion responds with a commitment to fight for constitutional amendment.
The U.S. Supreme Court rules 5-4 in Texas v. Johnson that deliberate acts of U.S. flag desecration are protected under the First Amendment, which triggers outrage from The American Legion, legislation from Congress in the form of a Flag Protection Act, which is overturned a year later by the Supreme Court.
The American Legion, having launched the Citizens Flag Alliance and generating more than 1 million names on a petition, doggedly pursues a constitutional amendment to return to states the power to protect the flag. The amendment would require a two-thirds supermajority in both houses of Congress. In every subsequent session of Congress, flag protection amendment legislation is introduced. In 1995, with the necessary supermajority in the House, the measure falls short by three votes in the Sensate. In 1997, the flag amendment comes even closer, just one Senate vote short of the necessary supermajority.
The American Legion and the Citizens Flag Alliance vow to continue fighting for the amendment.