n the U.S., freedom of expression is highly protected under the First Amendment, with only limited exceptions. Two key cases illustrate this broad interpretation:

Texas v. Johnson (1989): Gregory Lee Johnson burned an American flag in protest during a political demonstration, violating a Texas law that prohibited flag desecration. The U.S. Supreme Court ruled in Johnson's favor, holding that his act of flag burning was a form of "symbolic speech" protected by the First Amendment. The Court emphasized that the government cannot prohibit expression simply because society finds it offensive. United States v. Eichman (1990): After Texas v. Johnson, Congress passed the Flag Protection Act to criminalize flag desecration on a federal level, attempting to override the Court's decision. In U.S. v. Eichman, the Supreme Court again ruled in favor of free speech, declaring the federal law unconstitutional. The Court reaffirmed that flag desecration, as a form of protest, is protected by the First Amendment, regardless of its symbolism. These cases underscore the Court's strong stance on protecting freedom of expression, even when it involves controversial or offensive acts like flag burning.

regulations and administrations

Supremacy Clause: Located in Article VI of the Constitution, this clause establishes that federal law takes precedence over state law when there is a conflict between the two.

Only the federal government can legislate

like the EU

functional separation