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US Federal Constitution QUESTION #5826
Question 1
A state law prohibits any person from 'knowingly burning or defacing the flag of the United States' as a means of political protest. Is this law constitutional?
  • Yes, because the flag is a unique national symbol and the state has a compelling interest in its protection.
  • Yes, because flag burning is 'expressive conduct' that can be regulated for safety reasons.
  • No, because it is a content-based restriction on speech that fails strict scrutiny.✔️
  • No, because the federal government has preempted the field of flag protection.
Correct Answer Explanation
Under Texas v. Johnson, flag burning is protected 'symbolic speech.' A law that prohibits it because of the 'message' it sends is content-based and must survive strict scrutiny, which it cannot, as 'protecting the flag' is not a compelling enough interest to suppress dissent.