Flag-Burning is No Crime Essay

A man by the name of Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas Law. He burned the flag rather than uttering insulting words, which would have been allowed under the first amendment. Burning a flag, according to Goldstein, is the preferred means of disposing of a flag "when it is such condition that it is no longer a fitting emblem for display."

The Star - Spangled Banner was written by Francis Scott Key as he watched his fellow Americans stand strong in their darkest hour. For over twenty four hours Fort McHenry was bombarded by British Navy, but the American troops fought, and so did their families. The Americans rallied around the singular flag that stood high in the fort, and a flag that was a target for the British armada. They planned to destroy the flag to disrupt moral, but the Americans refused to let it fall. They used that singular flag as motivation, and motivation that eventually won them the battle. The flag still holds the same purpose today. To remember those who have fought, or are currently fighting in our armies. It also serves as a source of pride, motivation, and patriotism towards our country. Knowing what our flag means to our history and our country, we can’t possibly keep letting our countries source of pride be disrespected by those attempting to promote their own cause. Are nations athletes that choose to display their displeasure with our nation’s current state, and disrespect what our flag means for our country.

The burning or desecration of the American Flag may fall under both freedoms. When one thinks of the flag, they usually think of the blood that was shed for this country. It was shed so that we could have liberties, such as, freedom of speech and expression, which fall under the First Amendment rights of the Constitution. However, when you think of a burning flag, what comes to mind? One might say it shows disrespect and hatred to a country that has given so much. In the case of Texas v. Johnson, Johnson was accused of desecrating a sacred object, but, his actions were protected by the First Amendment. Although his actions may have been offensive, he did not utter fighting words. As stated in Source D “Justice William Brennan wrote the 5-4 majority decision in holding that the defendant’s act of flag burning was protected speech under the First Amendment to the United States Constitution.” By burning the flag, Johnson did not infringe upon another's natural human rights. He was simply expressing his outrage towards the government, which is within the jurisdiction of the First Amendment. Another court case, where the 5-4 majority ruled in favor of the defendant was United States v. Eichman in 1980, a year after the Johnson case. “In the case of United States v. Eichman, 496 U.S. 310 (1990), the law was struck down by the same five person majority of justices as in Texas v. Johnson, 491 U.S. 397 (1989).” [Source D] Multiple times in flag burning cases,

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,

Johnson was decided on June 21st of 1989 by the United States Supreme Court. The United States Supreme Court ruled that Gregory Lee Johnson's liberties and rights were violated, and that the burning of the U.S. flag was a constitutionally protected form of speech under the First Amendment. The court decided that flag burning was symbolic speech, and protected under the First Amendment. The opinion of the Court came down as a controversial 5–4 decision, with the majority opinion delivered by William J. Brennan, Jr. and Justices Thurgood Marshall, Harry Blackmun, Antonin Scalia, and Anthony Kennedy. Texas v. Johnson, was an important decision by the Supreme Court of the United States that revoked prohibitions on desecrating the American flag, enforced in 48 of the 50 states. Johnson’s actions, who were supported by the majority argued, that flag burning was explicitly symbolic speech, political in nature and could be expressed even if those disagreed with him, stated William Brennan. The majority also noted that freedom of speech protects actions that society may find very offensive, but society's outrage is not justification for suppressing Johnson’s actions, or symbolic speech. The dissenting opinion, which was written by Justice Stevens, and included Justices Rehnquist, White, Stevens, and O’ Connor, was that the flag's unique status as a symbol of national unity outweighed "symbolic speech" concerns, and thus, the government could lawfully prohibit flag

Johnson Majority Opinion” focuses on an actual court case based on a situation where a flag was burned. The people of Texas were outraged with Johnson. During the time of the case the people gained acceptance to allowing Johnson to be a free man.”The way to preserve the flag’s special role is not to punish those who feel differently about these matters. It is to persuade them that they are wrong.”, an excerpt from “Texas v. Johnson Majority Opinion”(line38), states that those who freely express unlawful thoughts shall not be prosecuted, but proven that what they’re expressing is unlawful.

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

Johnny Cash once quoted the statement, “ I love the freedoms we got in this country, I appreciate your freedom to burn your flag if you want to, but I really appreciate my right to bear arms I can shoot you if you try to burn mine”. Flag desecration became an issue in the early 1900s which caused a controversy of whether flag burning is right or wrong. Some people believe that they have the right to burn the flag and others believe that its is offensive. While some will say a flag burning law will restrict their first amendment right, it is very disrespectful to those who risk their lives for the country, it creates a controversy in the community, and it is an ignorant way to protest.

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

If you're living in the United States and burn the American flag it is not right for you to do that because you do live in the United States and you will face consequences or jail time just like the president says. Burning the flag is protected and how I said it does have consequences so people should actually think before they act. Even as much as they want to destroy the flag they shouldn't put their life at risk because it isn't worth it. Burning the flag is not illegal in the United States but it is protected by the first amendment. So if a person would have burned the flag then that person would have been guilty of starting a fire with no permit. Countries that have ban flag burning are China, Cuba, Iran, and North Korea. They should just make flag burning illegal because people will do it without carrying about it. I wouldn't want people burning my flag or other flags even if they have reasons of doing it. This all happened in 1907 when people started messing with the flag. Ever since people started banning flag burning and also passing laws over it. Flag burning isn't only flag burning but also commercial abuse. Throughout the years they still prohibited flag burning and other things against flag burning. Someone who burned the flag was Johnson who did it while he wasn't near the city hall building in Dallas Texas in 1984 and was then sentenced to jail for one

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

The issue of burning the American flag, as a means of expression is continuously argued today. Many

The issue of flag desecration has been and continues to be a highly controversial issue; on the one side there are those who believe that the flag is a unique symbol for our nation which should be preserved at all costs, while on the other are those who believe that flag burning is a form of free speech and that any legislation designed to prevent this form of expression is contrary to the ideals of the First Amendment to our Constitution. Shawn Eichman, as well as the majority of the United States Supreme Court, is in the latter of these groups. Many citizens believe that the freedom of speech granted to them in the First Amendment means that they can express themselves in any manner they wish as long as their right of

acceptable to have a "narrow, special amendment to protect a special flag from desecration." ("Consequences" 2). Even Thomas Jefferson and James Madison denounced flag burning as a crime (Brady H 2). Others feel that flag desecration disrespects those who lost their lives for our country, stating the flag symbolizes the blood that runs through our country. George Whalen, a soldier, said "the stars and stripes of our nations flag is the symbol of our nation's values... It represents loyalty patriotism and love of our country." ("citizens" 3). Those against flag desecration must remember that the men and women who fought and died for our country were fighting for justice, freedom, and independence, all of which give one the right to desecrate the flag. Yes, the flag represents these freedoms, but the

The American flag not only stands for pride, freedom, and strength but the colors on the flag have a meaning behind them that all Americans should understand. In a description of the flag on a website dedicated solely to the Flag of the United States of America is states "The colors of the pales (the vertical stripes) are those used in the flag of the United States of America; White signifies purity and innocence, Red, hardiness & valour, and Blue, the color of the Chief (the broad band above the stripes) signifies vigilance, perseverance & justice" (US Flag 2005). The flag was not just thrown together to represent the country but also have a true meaning behind them. The stars and stripes on the flag have both an exact meaning but also have the meaning of