In a narrow 5-4 decision, the Court ruled it illegal to convict Johnson, thus creating the now standing rule that it is okay to desecrate the American flag. Their reasoning being: Johnson’s actions were protected under the First Amendment as it was a form of expression, and he is entitled to his opinion, and that just because someone “takes offense” to his display, does not entitle to the Court prohibiting Johnson’s speech.
On to the bill: I completely understand the argument that if we truly hold the First Amendment to the highest regard, flag desecration would be protected, as it is a form of free speech to allow contradictory and offensive displays. However, this bill is not to limit the views of disapproval, disappointment, anger, hate, or any other opposing view of the American government. In fact, I personally encourage people to question and challenge their government. “A government of the people, by the people, and for the people,” is subject to being held accountable to the people it serves.