The Supreme Court case Street v. New York in 1968 revolved around the issue of freedom of speech and its limitations, particularly concerning flag desecration. The defendant, Sidney Street, was convicted for publicly burning an American flag and uttering derogatory comments about it to protest the attempted murder of civil rights leader James Meredith. On appeal, his conviction was upheld by the Appellate Division and later by the New York Court of Appeals. However, when brought before the U.S Supreme Court on First Amendment grounds - that his actions constituted symbolic speech protected under this amendment - a majority agreed with him (5-4 decision). They ruled that while states have power to prohibit flag desecration as such acts might incite violence or disturb peace; they cannot punish individuals merely for voicing their negative opinions about it since this would infringe upon their right to free speech.

In the dissenting opinion for Street v. New York, Justice Fortas argued that the majority's decision failed to adequately distinguish between protected speech and unprotected conduct. He contended that while criticism of the flag is a form of free speech protected by the First Amendment, burning or otherwise physically desecrating it constitutes an act rather than expression and thus falls outside constitutional protection. Furthermore, he asserted that states have a legitimate interest in preserving national symbols like the flag from physical abuse due to their unique role in fostering unity and patriotism among citizens. Therefore, laws prohibiting such acts do not infringe on freedom of speech but merely regulate non-expressive conduct which can be legitimately restricted by government authority without violating constitutional rights.