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Gregory Lee Johnson, an American Communist activist, decided to burn the American flag, due to his beliefs.
He was immediately taken into holding until his court date.
March 21, 1989. Texas v Johnson. Johnson's case was argued with the First Amendment, explaining freedom of speech.
He was sentenced to on year in prison and a $2k fine, although the first amendment was examined. The outcome was decided by Brennan, Marshall, Black mun, Scalia and Kennedy; The Supreme Court.
After Johnson was released from jail, the Congress undertook the action of burning the flag and made a new decision. It was decided that burning the flag resulting in punishment was unconstitutional. Thus burning the flag became legal, due to the fact that it is freedom of protest.
As of today, burning the flag is LEGAL.
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