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Why are there state laws prohibiting flag-burning when the U.S. Supreme Court has declared such laws unconstitutional?

It is important to note that the Supreme Court has not struck down every state flag-desecration statute as unconstitutional. The Texas law featured in Texas v. Johnson violated the First Amendment because it sought to suppress expressive activity. Other state statutes may prohibit flag-burning as part of general safety and welfare laws — such as those criminalizing trespass, arson and rioting — that place at most an incidental and permissible burden on free speech.

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