The state also says that it has an interest in preserving the flag as a symbol of national unity. The Court agrees and argues that the most important principle behind the First Amendment is that government may always prohibit the expression of an idea whenever society finds the idea itself offensive or disagreeable. As a result, the Texas law is a permissible regulation of speech.
can only punish speech that would incite "imminent lawless action," therefore the flag burning does not always pose an imminent threat of lawless action.