United States V. Eichman - Subsequent Actions

Subsequent Actions

On remand, the Eichman case was dismissed, as those defendants had only been charged with flag desecration. However, the Haggerty case had an additional charge of destruction of government property, as the burned flag was alleged to have been stolen from Seattle's Capitol Hill Post Office. To that charge, all four Seattle defendants pled guilty and were fined. Garza and Strong (who had prior convictions) served 3 days in jail each.

When Republicans retook control of Congress for the 104th session, the Flag Desecration Amendment was first proposed, which would grant the federal government the authority to proscribe flag burning. A resolution for this Amendment passed the House in every session from the 104th until the 109th Congress, but never got past the Senate (in the most recent vote, passage in the Senate failed by one vote), and has not been considered since the 109th Congress.

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