Extra Questions

1) How many cases are filed with the Supreme Court each year?

- The Supreme Court usually hears between 75-100 cases per year. Sometimes, those cases are carried on to the next years.


2)Why are Supreme Court cases so important

- They allow people to have their constitutional rights and civil liberties.


3)On what day does the Supreme Court begin a new term?

- The Supreme Court begins their term on the first Monday in October.


4)How much time does each side have to present their argument?

- Each side has about thirty minutes to present their argument.


5)What is the criteria for the Supreme Court to hear a case?

-The case must have something to do with a violation on constitutional rights and or civil liberties.


6)List the two ways cases come to the Supreme Court:

-One way cases come to the Supreme Court is through original jurisdiction, which is a lawsuit between two states. The other way cases come to the Supreme Court is when the cases are appealed from a lower, federal court.

Final Verdict

On Monday, June 11, 1990 the court made it's final decision. The court voted 5 - 4 in Eichman's favor. It was said:

"its asserted interest is related to the suppression of free expression and concerned with the content of such expression."

Justice William J. Brennan, Jr. wrote the majority opinion for the case. He stated that "Allowing the flag to be burned in a disposal ceremony but prohibiting protesters from setting it ablaze at a political protest made that clear" (about the final decision.)

Violates the First Amendment

The First Amendment states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The fact that Eichman was tried for his act violates the Amendment. The First Amendment protects the freedom of expression. Eichman was simply expressing what he felt about the government's policy. He in no way shape or form threatened or physically harmed anything or anyone. Being tried for something the Constitution protects is extremely unjust.

Basics of the Case:

The Flag Protection Act was passed by Congress in 1989. This made it a crime to in anyway destroy an American flag. It does allow the disposal of a ruined flag. Eichman was being tried for setting an American flag on fire on the U.S. Capitol's steps during a protest regarding the Government's domestic and foreign policy.