Congress enacted the Flag Protection Act, which made it a crime to knowingly mutilate, deface, physically defile, burn, or trample the U.S. flag. The law provided for fines and up to one year in prison upon conviction [18 U.S.C. Section 700]. Certain individuals set fire to several U.S. flags on the steps of the U.S. Capitol in Washington, DC, to protest various aspects of the federal government's foreign and domestic policy. In a separate incident, other individuals set fire to a U.S. flag to protest the act's passage. All these individuals were prosecuted for violating the act. The U.S. district courts held the act unconstitutional, in violation of the defendants' First Amendment free speech rights, and dismissed the charges. The government appealed to the U.S. Supreme Court, which consolidated the two cases.

Who wins?

Does a flag burner exhibit moral behavior?