United States v. Eichman

United States v. Eichman was a landmark Supreme Court of the United States case that dealt with the issue of flag desecration and the First Amendment to the United States Constitution. The case involved Shawn Eichman, Mark Haggerty, and Carlos Garza, who were charged with violating the Flag Protection Act of 1989 after burning flags of the United States during protests outside the Republican National Convention in Houston, Texas, and the United States Capitol in Washington, D.C.. The case was closely watched by American Civil Liberties Union and National Association for the Advancement of Colored People, among other organizations. The Federal Bureau of Investigation and United States Department of Justice were also involved in the case.

Background

The Flag Protection Act of 1989 was passed by Congress in response to the Texas v. Johnson decision, which held that burning the flag of the United States was a form of symbolic speech protected by the First Amendment to the United States Constitution. The new law made it a crime to knowingly mutilate, deface, physically defile, burn, or trample upon the flag of the United States. The law was supported by George H.W. Bush, Bob Dole, and other prominent Republican Party (United States) leaders, but was opposed by American Civil Liberties Union, National Association for the Advancement of Colored People, and other civil liberties organizations. The United States Senate and United States House of Representatives debated the law, with Ted Kennedy and Jesse Jackson speaking out against it. The Federal Bureau of Investigation and United States Department of Justice were tasked with enforcing the new law.

The Case

The case began when Shawn Eichman, Mark Haggerty, and Carlos Garza were arrested and charged with violating the Flag Protection Act of 1989 after burning flags of the United States during protests. The defendants argued that the law was unconstitutional and that their actions were protected by the First Amendment to the United States Constitution. The case was heard by the United States District Court for the District of Columbia, which ruled that the law was unconstitutional. The United States Court of Appeals for the Ninth Circuit and United States Court of Appeals for the District of Columbia Circuit also heard the case, with Judge Harry Edwards and Judge Abner Mikva writing opinions. The Supreme Court of the United States ultimately agreed to hear the case, with Justice William Brennan, Justice Thurgood Marshall, and Justice Harry Blackmun playing key roles.

Supreme Court Decision

The Supreme Court of the United States issued its decision on June 11, 1990, holding that the Flag Protection Act of 1989 was unconstitutional. The court ruled that the law was too broad and that it restricted freedom of speech and freedom of expression. The decision was written by Justice William Brennan and was joined by Justice Thurgood Marshall, Justice Harry Blackmun, Justice John Paul Stevens, and Justice Sandra Day O'Connor. The decision was a major victory for American Civil Liberties Union, National Association for the Advancement of Colored People, and other civil liberties organizations. The Federal Bureau of Investigation and United States Department of Justice were required to re-evaluate their enforcement of the law. The decision was also closely watched by European Court of Human Rights and International Covenant on Civil and Political Rights.

Aftermath and Impact

The decision in the case had a significant impact on the debate over flag desecration and the First Amendment to the United States Constitution. The decision was widely criticized by Republican Party (United States) leaders, including George H.W. Bush and Bob Dole. The decision was also praised by American Civil Liberties Union, National Association for the Advancement of Colored People, and other civil liberties organizations. The case also led to a renewed debate over the Flag Desecration Amendment, which would have amended the United States Constitution to prohibit flag desecration. The United States Senate and United States House of Representatives held hearings on the amendment, with Ted Kennedy and Jesse Jackson speaking out against it. The Federal Bureau of Investigation and United States Department of Justice were required to re-evaluate their enforcement of the law.

Legal Significance

The decision in the case has had a lasting impact on the interpretation of the First Amendment to the United States Constitution and the protection of freedom of speech and freedom of expression. The case has been cited in numerous other cases, including R.A.V. v. City of St. Paul and Virginia v. Black. The case has also been the subject of extensive scholarly commentary, with Harvard Law Review, Yale Law Journal, and Stanford Law Review all publishing articles on the case. The case has also been taught in law schools across the United States, including Harvard Law School, Yale Law School, and Stanford Law School. The American Bar Association and National Lawyers Guild have also weighed in on the case, with Justice Ruth Bader Ginsburg and Justice Stephen Breyer writing about its significance. Category:United States Supreme Court cases