United States v. Eichman (496 U.S. 310) was a famous United States Supreme Court case that involved flag burning. It was argued together with the case, United States v. Haggerty.
The case dealt with the 1989 Flag Protection Act that forbid burning American flags, while allowing for proper disposal (including burning) of worn or soiled flags. This controversial issue, namely dealing with the First Amendment, came to the Supreme Court on May 14, 1990 (the date of its argument). Shawn Eichman had burnt an American flag on the steps of the United States Capitol to protest the American foreign and domestic policy. Mark Haggerty, in the jointly decided case, had burnt a flag in Seattle, Washington.
The case was decided on June 11. In a 5-4 decision (held mainly upon ideological lines), the Court struck down the law against flag burning, stating that it was a gross violation of the freedom of expression guaranteed in the 1st Amendment. Justice William J. Brennan, barely a month before he retired, wrote the Court's opinion. Joined by Justices Thurgood Marshall, Harry A. Blackmun, Antonin Scalia, and Anthony Kennedy (the more liberal members of the Court), he wrote the concurring decision. Meanwhile, the dissenting opinion, written by Justice John Paul Stevens, opposed striking down the law. Stevens was joined by Justices William H. Rehnquist, Byron R. White, and Sandra Day O'Connor (the more conservative members of the Court).
