Settled hash. I do believe the SCOTUS already filed on flag burning.
On June 21, 1989, a deeply divided United States Supreme Court upheld the rights of protesters to burn the American flag in a landmark First Amendment decision. I can't copy the link. New phone, but copy and past article and search and it will take you right there.
In the controversial
Texas v. Johnson case, the Court voted 5-4 in favor of Gregory Lee Johnson, the protester who had burned the flag. Johnson’s actions, the majority argued, were symbolic speech, political in nature, and could be expressed even at the expense of our national symbol and to the affront of those who disagreed with him.
Justice William Brennan wrote the majority decision, with Justices Anthony Kennedy, Thurgood Marshall, Harry Blackmun and Antonin Scalia joining the majority. “Johnson was convicted for engaging in expressive conduct. The State’s interest in preventing breaches of the peace does not support his conviction because Johnson’s conduct did not threaten to disturb the peace,” said Brennan. “Nor does the State’s interest in preserving the flag as a symbol of nationhood and national unity justify his criminal conviction for engaging in political expression