The first federal Flag Protection Act was passed by Congress in 1968 in response to protest burnings of the flag at demonstrations against the Vietnam War.Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment Over time, 48 of the 50 U.S. states also enacted similar flag protection laws. In 1989, the Supreme Court of the United States overturned all of these statutes by a 5–4 vote in the case Texas v. Johnson as unconstitutional restrictions of public expression.. Congress responded to the Johnson decision afterwards by passing another flag protection act. In 1990, the Supreme Court reaffirmed Johnson by the same 5–4 majority in United States v. Eichman declaring that flag burning was constitutionally protected free speech..
