Case
Texas v. Johnson
14 published works
Ohio Employer Law Blog
WIRTW #773: the ‘free speech’ edition
"Whoever would overthrow the Liberty of a Nation, must begin by subduing the Freeness of Speech; a Thing terrible to Publick Traytors."— Benjamin Franklin, The New-England Courant, July 9, 1722.…
PrawfsBlawg
Flag burning, again?
Main Tuesday, August 26, 2025Flag burning, again?I am late to talking about the new E.O. prioritizing prosecution of flag burning. It purports to get around Johnson and Eichman by pursuing…
California Public Agency Labor & Employment Blog
Can My Agency Ban TikTok?
By Anthony Co
In Texas v. Johnson, the Supreme Court summarized the “bedrock principle” of the First Amendment: “that the government may not prohibit the expression of an idea simply because society finds…
PrawfsBlawg
No
Main Sunday, November 14, 2021NoSince I'm busy avoiding work, I'll take a moment to answer Howard's question: Does what the late Justice Ginsburg said about Colin Kaepernick tell us anything…
PrawfsBlawg
RBG and patriotic symbolism
Main Sunday, November 14, 2021RBG and patriotic symbolismJosh Blackman writes about an attempt by Bryant Johnson, RBG's longtime trainer, to defend the Justice against Katie Couric's report about RBG's comments…
PrawfsBlawg
How would RBG have voted in Johnson and Eichman?
Main Friday, October 15, 2021How would RBG have voted in Johnson and Eichman?Katie Couric is being (rightly) criticized over revelations that she edited RBG's comments about Colin Kapernick and kneeling…
The Faculty Lounge
A Reminder about Justice Scalia
In a recent post on The Volokh Conspiracy, Josh Blackman explained “How I Approach Unpopular and Unconventional Legal Views.” He extolled the late Antonin Scalia’s commitment to reach correct legal…
PrawfsBlawg
“We have a different Court”
Main Monday, June 01, 2020"We have a different Court"In an apparently unhinged Monday phone call with governors, the President urged states to enact new laws prohibiting flag burning. According to…
PrawfsBlawg
Ali/Trump
Main Friday, June 08, 2018Ali/TrumpBefore leaving for Canada, the President made statements at the White House that he is "very seriously" thinking about issuing a pardon for Muhammad Ali and…
ImmigrationProf Blog
“Loss of Citizenship” for Flag Burners?
This surely was the tweet of the day:Of course, our readers know that flag burning is protected speech - see Texas v. Johnson and United States v. Eichman. It certainly isn't…