3.2 FRQ

In Texas v. Johnson (1989), the Supreme Court overturned a Texas state law banning flag burning as a violation of the First Amendment’s protection of free speech. According to an article by the Washington Post,


Polls show that most Americans want flag desecration outlawed . . . They said that burning a U.S. flag in public—while rare these days—is a reprehensible insult to the nation’s founders and a dishonor to the Americans who died fighting tyranny.
—Charles Babington, “Senate Rejects Flag Desecration Amendment,” Washington Post, June 28, 2006

Describe an action Congress could take to address the concerns of citizens polled in the scenario.

In the context of the scenario, explain how ideological divisions could prevent the action described in part A.

Explain why it was difficult to pass a constitutional amendment banning flag burning, even though most Americans wanted to outlaw flag desecration.