Flag Burning and the First Amendment

In 1969, the Supreme Court of the United States (U.S. Supreme Court) put forth rules allowing the burning of the flag to be protected under the First Amendment. The U. S. Supreme Court first ruled on flag discretion in 1907 in the Halter v. Nebraska case. Prior to this ruling flag discretion statues strictly prohibited the burning of the American flag , as well as, disrespecting the flag in any way shape or form. In 1968, Congress reacted to the burning of the American flag in New York during a protest against the Vietnam War by passing the Federal Flag Desecration Law. In a few court cases it has been declared that burning the American flag is only illegal if the flag has been stolen. When a flag is worn/torn the proper way of disposing of the flag is to burn it; however, when disposing of a flag by burning it there are steps that should be followed in order to do so honorably. The flag should be folded in its customary manner and then placed on a fire that is fairly large with sufficient intensity to ensure complete burning of the flag. After placing the flag on the fire all individuals should come to attention, salute the flag while reciting the Pledge of Allegiance and observing a brief moment of silence. Once the flag has been completely consumed the fire should be safely extinguished and the ashes should be buried. Congress has made seven attempts to overrule the Supreme Court decision regarding the burning of the American flag by passing a constitutional amendment that had an exception to the First Amendment and allowed the government to ban flag desecration. (Thelawdictionary.org,

One of the most important cases in the history of the United States, especially for the freedom of American speech and expression, was Texas v. Johnson. This landmark Supreme Court case allows burning the American flag as grounds of symbolic speech. For the Supreme Court, the question was the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? During the Reagan administration, many were upset due to Reagan’s policies, especially his military buildups and his missile reforms. During the Reagan administration, many protests took place, including arm bands to protest military, and sign waving to protest Reagan’s tax cuts that “favored the wealthy”. When the Republican National

The First Amendment rights have caused much controversy because it allows people to say, act, or feel how they see fit; for example, hanging of a Confederate flag or displaying a swastika in public view. It is a very hard and intense act; although it is their right to do so. According to the Supreme Court’s ruling, the displaying of these symbols is protected under the First Amendment.

The First Amendment says: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people to peaceably assemble and to petition the government for a redress of grievances. This freedom of speech clause as included in the First Amendment guarantees the citizens of America to express information and ideas freely. But is all form of speech free? On the most basic level, this clause allows for the expression of an opinion or idea without the fear of censorship by the government. It protects all forms of communication, with limits so you cannot always say anything you want, wherever you want, or whenever you want. Fighting words are not protected under the First Amendment, for instance, as are obscene expressions.

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

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

The United States of America was found on freedom of speech and expression. In Ronald J. Allen´s editorial title American Flag Stands for Tolerance, he states¨It is, thus, no surprise that the 1st Amendment is where it is in the Bill of Rights, for it is first in importance.¨ The declaration of Independence was the original document that declared our freedom from the oppression of England´s crown, and in it the founding fathers stated that everyone deserves the freedom to express themselves in whatever way they seem fit, until it puts others in danger. If flag burning were to be exceptionized from the first amendment, we would be reversing the progress the founders of our nation fought for. To restrict someone from burning a flag, as long as they have the burning in control and are not trying to harm others, would be oppressing them.

n the How a Member Decides to Vote module you are asked to act as a congressman and vote on the flag desecration amendment. This amendment was proposed to punish people that desecrated the flag by burning, spitting, walking on, or anything else that would belittle the flag. By doing this you learn to look at the many different viewpoints that were presented to you in the activity to try and sway your vote. These viewpoints includes those of people like William Cramer and Tony Lorenza that say by disrespecting the flag that it dishonors the thousands of men and women who have died protecting the flag, or the viewpoints of people like Carole Richards, Ed Carpenter, and Alberta Washington that said that it is what the people of the country and your district, that you are representing, wanted to be done. The people for the amendment also stated that burning the flag wasn’t a way of speech that it was a violent act that people should be punished for. The people such as Tanya Johnson, Patricia Pearlman, and Anna Ross that say that voting for this amendment would violate the First Amendment and would violate one of the important principles of our democracy and would make our government more totalitarian. You also have the viewpoints of George Watson and Samuel Jefferson both veterans that say they signed up to protect the ideals of the government not the flag and that if it wasn’t for the ideals of the government the flag wouldn’t mean as much to anyone. George Watson made a very

The American South. An area full of rich history and the home to some of the nation’s largest conflicts throughout history, such as the civil war and the civil rights movement. Southerners have always been proud of their heritage despite its rocky parts and display it for all to see with a 150 year old flag. This is proving to be problematic, though, as the Confederate flag they are all so proud of, is really only 50 years old and has been associated with ideals of white supremacy and racism. Some Southerners and other Americans choose to not believe the truth about the flag, others were never taught the truth. However, it is incredibly important in forming an opinion on the flag, and to whether or not the flag must be removed from state buildings. And the truth is, due to its historical affiliation to racist whites in the South, white supremacy groups, and recent events such as the Charleston Shooting, the Confederate rebel flag should not be flown on state buildings as it is not culturally sensitive to African American people who have been targeted by these people.

It would be unconstitutional for the NFL to ban players from taking a knee. Under the first amendment we are guaranteed freedom of speech, expression, assembly etc. The men and women who have fought for our country and those who currently are serving, fight everyday to protect those rights. Furthermore, an individual is not obligated to stand for the pledge of allegiance and/or national anthem. Taking a knee during the anthem may be considered disrespectful to some individuals but the stance is a harmless one. On the other hand, burning the American flag has been done several times in the past and presently. As much as some of us find burning the flag a wrongful act, it is not illegal. Regardless if you're for or against each scenario, it is

In America, citizens are protected by the First Amendment, which is the freedom of expression (speech, press, religion, protest, etc), without any guidelines to follow. Judges ruled that “burning and other desecrations of the flag are protected as free speech under First Amendment.”

The Constitution of the United States of America is something that all Americans value greatly; it protects our basic human rights by forbidding the government of violating them. Recently, there has been much discussion about a possible violation of said rights, specifically creating a law to ban the desecration of the American flag. President-elect Donald Trump recently stated his opinion on social media about the issue, however he proposed inconceivable punishments for the action. This issue of desecrating the American flag is deeply rooted in American history, including multiple Supreme Court decisions.

Fifty white stars and thirteen red and white stripes should not be anywhere fire. America is known for freedom, and people from all over the world make their way to the United States to find their American dream, but should the freedoms presented in the first amendment include the right to burn the American flag? The American flag is much more than a flag; it is a symbol of strength and the lives lost to get America to where it is today. Burning the flag should be excepted from the freedom of speech protections because it is not only disrespectful to those who have served, but it also causes violence when burned in public places.

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

We live in a country where the citizens have many privileges including: freedom of speech, religion, press, protests, etc. People have the right to say what they want, to practice any religion, to protest; As long as they do those things in a peaceful and harmless way. For many years there has been discussion surrounding the burning of the American flag. Some people argue that burning the flag is allowed under the Constitution, while others say that it is an unconstitutional act. I believe that burning the American flag should not be a crime.