William J. Brennan, Jr.

“ The Government contends that the Flag Protection Act is constitutional because, unlike the statute addressed in Johnson, the Act does not target expressive conduct on the basis of the content of its message. The Government asserts an interest in "protect [ing] the physical integrity of the flag under all circumstances" in order to safeguard the flag's identity " 'as the unique and unalloyed symbol of the Nation.' " Brief for United States 28, 29. ”

“ Even assuming such a consensus exists, any suggestion that the Government's interest in suppressing speech becomes more weighty as popular opposition to that speech grows is foreign to the First Amendment. ”

“ Falwell, 485 U.S. 46, 108 S.Ct. 876, 99 L.Ed.2d 41 (1988) . "If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." Johnson, supra, at 414, 109 S.Ct., at 2545. Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered, and worth revering. ”