The Supreme Court has repeatedly affirmed that flag burning is a form of symbolic speech protected by the First Amendment.
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It wasn't until 1969 that the Supreme Court's modern First Amendment jurisprudence made it clear that whenever there is a clash between the government and a person over the constitutionality of the person's speech, the courts will give every benefit and draw every inference to the speaker, and none to the government. This is so because the freedom of speech is a natural right; it is also expressly protected by the Constitution, and thus, it is always to be presumed constitutional and lawful.
The Supreme Court has repeatedly affirmed that flag burning is a form of symbolic speech protected by the First Amendment.
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