Subsequent Developments
The Court's decision invalidated laws in force in 48 of the 50 states. More than two decades later, the issue remains controversial; recent polls suggest that a majority of Americans still support a ban on flag-burning. Congress did, however, pass a statute, the 1989 Flag Protection Act, making it a federal crime to desecrate the flag. In the case of United States v. Eichman, 496 U.S. 310 (1990), that law was struck down by the same five person majority of justices as in Johnson (in an opinion also written by Justice Brennan). Since then, Congress has considered the Flag Desecration Amendment several times. The amendment usually passes the House of Representatives, but has always been defeated in the Senate. The most recent attempt occurred when S.J.Res.12 failed by one vote on June 27, 2006.
Read more about this topic: Texas V. Johnson
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