William J. Brennan Jr. Quotes
We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents.
William J. Brennan, Jr., 1906-1997, U. S. Supreme Court Justice, Texas v. Johnson, 1989
Sourced by: Eigen's Political and Historical Quotations
Referring to the Supreme Court decision, Texas v. Johnson (1989), in which flag burning was held to be constitutionally protected speech:
Trump was then President Elect who already had a large staff helping him fomake the transition. He still went off on his own with this state,ment whiich runs afoul of the Constitution which he would soon sware to defend when he took the Oath of Office. The Supreme Court had unequivocably ruled that the burning of the flag was a type of political speech and as such could not be curtailed or punished by the government. The penalty of a loss of citizenship was another constitutional thicket. In addition. in the hisoty of the country,, it had never been used as a punishment for breaking domestic law.
In this case, the Supreme Court held that burning or desecrating the American flag may not be prohibited or criminalized by the government. Flag burning, they ruled, is symbolic speech and is protected by the 1st amendment just like political pamphlets.
William Joseph Brennan Jr. was an American lawyer and jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990. He was the seventh-longest-serving justice in Supreme Court history, and known for being a leader of the Court's liberal wing.