Judge Blocks Nebraska Flag Law
In the ruling, U.S. District Judge Richard Kopf says the law can't be applied so long as church members "otherwise act peacefully while desecrating the American or Nebraska flag." Megan Phelps-Roper filed the lawsuit in July, claiming the state law violated her right to free speech.
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#1 Sep 7, 2010
The judge made the right call on this case. The Supreme Court had struck down general bans on flag desecration in Texas v. Johnson, 491 U.S. 397, and only the Supreme Court may overrule its own precedents (De Quijas v. Shearson, 490 U.S. 477, State Oil Co. v. Khan, 522 U.S. 3).
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