[Blue Turtle]

It was illegal prior to 1990. I know the Constitution - can’t seem to find the flag burning part.

[Buckeye McFrog]

I know the Constitution - can’t seem to find the flag burning part.

It all goes to the tricky business of defining actions vs. speech.

The SCOTUS parked themselves on a slippery slope when they upheld the right of high-school students to wear black armbands to school to protest the Vietnam War in the late 60's. When the flag burning case came up they had a sudden outbreak of stare decisis on this.

I am sure the Boston Marathon Bombers would tell you that their actions were "free speech".