Bolstered by this argument, a number of advocates for freedom of expression have insisted that the Supreme Court has rejected Schenck and the majority opinion in Abrams, and in practice has followed the reasoning of Holmes' Abrams dissent and Brandeis' and Holmes' concurring opinion in Whitney.[8] The Court has repeatedly reaffirmed Schenck, however, holding that the destruction of a draft card could be prosecuted as a violation of Selective Service regulations even though carried out as a protest (United States v. O'Brien), but that burning an American flag at a protest could not be prosecuted because it posed no danger of causing a harm that the legislature had power to forbid (Texas v. Johnson).