Controversy of Flag Burning “The Congress shall have power to prohibit the physical desecration of the flag of the United States (Corn-Revere).” This quote shows the controversy of the First Amendment in the Bill of Rights. Many people today believe that the freedom to express their opinions is a founding principle that can never be taken away. In order to understand Flag Burning, one must interpret and analyze the Constitution and the First Amendment. During the time period of 1897-1932 the Civil War took place, which lead to the controversy of the American Flag. Through this disagreement two sides were created, one being the Southerners and the other being the Business Tendency who seen the Flag as just a logo (Head). For many years the flag was just considered a symbol of one side until September 17th 1787, when the Constitution was signed. Nine out of …show more content…
Therefore the ones who are expressing their opinions are being put down due to the fact society thinks they are hating on their country. Two wrongs do not make a right but society is being unequal when it comes to the liberty and the right to speak freely (Cohen). By expressing America`s “fake” values burning flags brings a form of hatred or a sense of broadcast for all to see and for one to bash America (Cohen).Protesters come together publicly to be seen or to have publicity (Cohen). The American Flag is considered the Nation's incarnate, which allows the nations to represent itself in a form of representation or represent spiritual values (Against Flag Burning).While in the act of irresponsibly burning the Stars and Strips it shows lack of standards and a weak stand for freedom. Our flag stands for free speech and equality of men which should never be proven lower than displayed (Against Flag Burning).“To burn the flag is to burn one's family, one's leaders, one's people (Against Flag
The central issue in the Stromberg case was whether the state of California violated the First and Fourteenth Amendment by making it illegal to display red flags that suggested support of organizations that dissented organized government or favored anarchic action (Communism). This case was a significant landmark in constitutional law because of the Court’s use of the Fourteenth Amendment to protect a First Amendment right, symbolic speech, from state infringement. It impacted American society in a positive way because it expanded the freedoms in the First amendment and created the doctrine that would be used in cases involving subjects like American flag and draft card burning. The Supreme Court ruled accurately, the government cannot outlaw speech or expressive conduct because it disapproves the ideas expressed. “Nonverbal expressive activity can be banned because of the action it entails, but not the ideas it expresses.” (pg.25)
The issue of burning the American flag, as a means of expression is continuously argued today. Many
The American Flag is symbol of freedom to those individuals living in the United States. To the soldiers who fight for our freedom, seeing the flag they honor and salute disgraced and disrespected is like a “slap in the face”. Topics discussed throughout this paper are as follows The Star Spangled Banner, American traditions involving the flag, how to fold the flag and what each fold symbolizes, how to properly handle and when/when not to fly the flag as well as, flag burning, a few major case laws about the flag, pending Supreme Court cases regarding the American flag, the reasons for the decisions made, how things have changed over time and some arguments for/against, pros/cons will be discussed so that we all
A public flag burning in protest of a recently enacted law and the advertisement for potato chips found on a billboard are protected by the First Amendment's Free Speech Clause. The behavior of the flag burning is protected under the First Amendment's guarantee of free speech (Hall, 2015). Consequently, the flag burning is considered an expression of one's symbolic speech. The Supreme Court ruled that flag burning is protected under the First Amendment (Hall, 2015). This right applies to protest, demonstrations, performances, advertisements, artistic endeavors all of these are means of expression (Hall, 2015). Notwithstanding, this protects the advertisement on a billboard. The First Amendment protect commercial speech, such as advertising,
Flag Burning can be and usually is a very controversial issue. Many people are offended by the thought of destroying this country's symbol of liberty and freedom. During a political protest during the 1984 Republican Convention, Gregory Lee Johnson was arrested for burning an American flag. Years later in 1989, Johnson got the decision overturned by the United States Supreme Court. In the same year, the state of Texas passed the Flag Protection Act, which prohibited any form of desecration against the American flag. This act provoked many people to protest and burn flags anyway. Two protestors, Shawn Eichman and Mark Haggerty were charged with violating the law and arrested. Both Eichman and Haggerty appealed the
First I would like to include some information about our american flag and how it came about. In the British colonies of North America before the Revolution, each of the 13 colonies had its flag. On Jan. 2, 1776, the first flag of the United States was raised at Cambridge, Mass., by George Washington. Known as the Grand Union flag, it consisted of 13 stripes, alternate red and white, with a blue canton bearing the crosses of St. George and St. Andrew. Congress, on June 14, 1777, enacted a resolution “that the Flag of the United States be 13 stripes alternate red and white, that the Union be 13 stars white in a blue field representing a new constellation.” On Jan. 13, 1794, Vermont and Kentucky having been admitted to the Union,
The confederate flag was used in the civil war where the south separated from the rest of the states. The reason for this was to keep slavery to not loose labor, they also didn't want to treat african american slaves as equals. The flag was used as the most popular symbol for the confederates. We fought our self and lost so many lives for this cause. In the end the north won, the south(confederate) join the u.s once more and slavery was not allowed and was passed as a law.
Obviously flag burning is a fire hazard that can have a very harmful outcome to the environment and all of its surroundings. Another argument that is stated in the E.M.S.A. says “Many materials in clothing can burn” (E.M.S.A). “Consider
As to whether the first amendment, from the very constitution that was made to protect freedom of expression, should protect flag burning. Flag burning has been a way in which people have been able to symbolize their feelings towards a certain event or topic. This use of symbolism should be protected by the first amendment, because it is a form of expression, which the first amendment protects, and the American people are not affected by this in a way that will harm them.
Lately, if you turn on the news, the media headlines are covered with the news of protests. These protests include marches, kneeling, and in some cases, even rioting and fighting. However, one from of protesting stands out the most: burning of the United States flag. Recently, protestors have burned the flag to protest the president and the police. Burning the flag is not something new to this country, however. There are many recorded instances of the American flag being burned as a form of speech; especially during the Vietnam War period. I, on the other hand, strongly believe that burning the American flag is wrong. It much more than just a piece of cloth, it is a scared symbol of our country. In order to stop the mutilation of the symbols of our country, I am proposing an amendment to the Constitution. The amendment that I am proposing will empower Congress to utilize their powers to implement restrictions on mistreatment of iconic American symbols.
The first amendment, as written in the constitution, forbids the abridgement of “speech”, but we have not taken upon the writing that it spreads past spoken and written. Any citizen has the wright to use his or her form of “speech” in his or way of choosing. These forms can be in words, or written down on paper. These ways of speech can also be used in actions, and these actions can express an idea of language as well. When Johnson decided to burn the American flag, he was using his form of speech to get his point across to the new president. When the state came after him, they were in the wrong because of this amendment. Because of this, it was
In conclusion, being able to burn the American flag sends a loud message that should never be ignored but contemplated. If America truly stands for its people, it will never take away the peoples’ power to protest; whether it’s by burning the flag or by other
The United States is well-known for its principles of freedom and democracy, which is demonstrated through the First Amendment’s Free Speech Clause. Thus, American citizens can openly discuss political matters; criticize the President and his Cabinet on television, radio talk show or in the newspaper; or publicly protest against the government tax policy. However, Free Speech protection becomes debatable when some American citizens burn the nation’s flag to express their disagreement to the government. The act of burning the American Flag should be constitutionally protected under the First Amendment’s Free Speech Clause because the act is a symbolic expression that communicates an individual’s idea or opinion about his nation; and that
It can also show complete disrespect to the people who live in the nearby surrounding areas. This is because the American flag is very flammable and could potentially catch their houses, cars and other property on fire. The burning of the American flag has caused riots in the past. These riots have endangered and frightened innocent people. Writing this paper has made me realize that I have family members that have served in all branches of the military.
Throughout history, Americans have fought hard to gain independence and the freedoms that come with it. However, some choose to test the limitations of those freedoms. For some time, Americans have shown their disgust of the American government by burning flags, and even cutting them up to use as clothing. Although mocking the American government and the flag is disrespectful, revoking the right to do so would be a violation of freedom of expression, which is guaranteed by the First Amendment. Those who support the no-flag burning amendment argue that the United States flag is a special case. Because it would undermine the constitution and set a dangerous precedent that will make it easier for others enact restrictive amendments to the