Multistate Bar Examination Practice Question
Burning a national flag as a form of political protest is protected symbolic speech under the First Amendment, and a law criminalizing such actions would likely be unconstitutional.
False
True
Burning a national flag as a form of political protest is protected symbolic speech under the First Amendment, and a law criminalizing such actions would likely be unconstitutional.
False
True
The act of burning a flag as political protest is a form of symbolic speech protected by the First Amendment. The Supreme Court established this principle in Texas v. Johnson, emphasizing that the government cannot prohibit expression merely because it is offensive. Criminalizing flag burning fails to meet the strict scrutiny standard required for regulating core political speech, as it does not serve a compelling government interest in a narrowly tailored manner.
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