United States v. Eichman

After the Supreme Court struck down a Texas flag-desecration law in Texas v. Johnson, Congress responded by passing the Flag Protection Act of 1989, which criminalized mutilating, defacing, or burning a U.S. flag (with an exception for disposing of a worn-out flag). Eichman (defendant) burned a flag on the Capitol steps to protest government policy. The United States (plaintiff) prosecuted him under the Act. The district court, relying on Johnson, held the Act unconstitutional as applied and dismissed the charges, and the government appealed directly to the Supreme Court.