Yes, the US Supreme Court has ruled that Flag burning is a protected form of speech.
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Government is not allowed to prohibit the action or expression of an idea [protected by the First Amendment] simply because the public or society finds it offensive. Flag burning to this day is an ongoing argument. There have been two cases: United States v. Eichman & Texas v. Johnson. Both cases were overturned. Certain "interest groups" and various government officials still fight to prohibit flag burning.
The Supreme Cour recognized tha burning the American flag is an exrecise of our freedom of speech. In the case of the State of Texas vs Johnson. They said that he could not be arrested for it because under the 1st amendment of the constituiton it was considered symbolic speech and therefore protected.
The Supreme Court decided flag desecration involved "expressive" political speech, which they declared an important component of free speech protected by the First Amendment.For more information about Supreme Court decisions on flag burning, see Related Links, below.
Would the supreme court have jurisdiction if Johnson burned a texas flag in the case of Texas vs. Johnson?
A later decision, or refinement ruling of the same court; or a ruling of that same court based upon a new or amended law to comply with that ruling. For example: John burns the US Flag on the steps of the State Capital. The State arrests him because the state amended its constitution based on a previous decision by the US Supreme court that flag burning is protected speech, thereby making flag burning unlawful. The US Supreme court would rule that the amendment violates the US Constitution (which is superior) and strike down the state amendment. The State then writes a law that John has to buy a permit to burn the flag in any form of protest. The US Supreme Court would uphold that law as long as it did not: 1) discriminate in who the permits were issued to, or 2) make the cost or time involved in issuance of the permit unbearable (too much to afford). **Please note this is just a simple example and involves a lot more than is illustrated. FOR PLATO - an amendment to the constitution