The Framers of the Bill of Rights did not purport to 'create' rights. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting.
We do not consecrate the flag by punishing its desecration, for in doing so, we dilute the freedom this cherished emblem represents.
We hold that the Constitution does not forbid the states minor intrusions into an individual's body under stringently limited conditions.