In 1989, Justice Antonin Scalia cast the deciding vote to overturn the conviction of Gregory Lee Johnson , who was arrested and found guilty of violating a Texas statute after he burned the American flag outside the Republican National Convention.

The author of the 5-4 opinion was Justice William Brennan, the leading liberal and advocate for the “living Constitution” on the Supreme Court. For conservatives, it was one of the two most widely criticized votes of Justice Scalia’s illustrious career (the other being his vote refusing to recognize that parents have a natural, constitutionally protected right to direct the upbringing of their children).

The president’s executive order is not only much needed and long overdue, but is also very likely to be upheld by the Supreme Court when the

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