Flag Desecration Should Be Outlawed Essay

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

“American Flag Stands for Tolerance”, an article based on the Johnson case, focuses on “a person has a right to express disagreement with governmental policies”(line2). The author of this article focused on the meaning of freedom. In line 65, the author states, “the flag stands for free expression of ideas...The ultimate irony would have been to punish views expressed by burning the flag that stands for the right to those expressions”, meaning it would be pointless to punish those who petulantly burned the flag as an expression of their thoughts, when they have the freedom to express their

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,

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

Through the years of America, there have been multiple accounts of flag desecration. Flag desecration is a term that is used to describe a various set of acts that intentionally destroy, damage, or mutilate a flag in public, and in this case, the American flag. Citizen’s typically doing this treasonous act when they want to make a political point against their country or policies in the country or another country. Some of these actions include: burning it, urinating or defecating on it, defacing it with slogans, stepping upon it, damaging it with stones or guns, cutting or ripping it, verbally insulting it, or dragging it on the ground. A few countries have laws that forbid the methods or just uses of this

Currently in the US, burning the flag is legal, as per the Supreme Court Case Texas v Johnson. In their ruling, the Supreme Court stated that burning the flag was an exercise of the first amendment right to freedom of speech, and therefore could not be banned. This caused much controversy, and several attempts were made by the President and Congress to ban flag during, however, each attempt was overruled by the Supreme Court. Supporters of flag burning say it is a form of expression, and therefore shouldn 't be banned as it doesn 't bring harm or threaten harm to anyone. This that disagree say that since the Flag represents America and its ideals, burning it is a direct attack on all our country holds sacred. Despite the controversy, and attempts to outlaw it, burning the flag is still legal today throughout the 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,

This brought on the Supreme Court striking down all laws banning flag desecration in 1989. Justice Brennan wrote “If there is a bedrock principle underlying the First Amendment, it is that Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable (civilliberty website, n.d) One cannot simply ban or outlaw a person’s right to exercise their ideas publically because it goes against the majority or popular belief. Taking away ones freedom of speech, you then take away the voice of a nation. You don’t have to always agree with the words, ideas or views someone expresses but you must give them the right to say it without repercussions. We recite the pledge of allegiance, not fully understanding what it means. The last section of the pledge states “with liberty and justice for all”. (UsFlag.org, n.d) Which means, the freedom to live, speak and to carry on without fear or injustice. No matter the race, gender or ethnicity George Washington said it best, “if the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.”(Washington, n.d line 31 ) This nation was built upon principles that we are all free. Free to live and exercise our rights to speak freely and protest as citizens without fear. The Constitution also allows one to peacefully

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 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

“The US flag is a symbol of great pride” (Hills 2016). Ethan D. Hill from the University of Georgia states this, just as all Americans should know this. The American flag is a representation for the strength and power of this country and all that it has gone through. With that being said, not everyone sees the American flag in this way. Some take it upon themselves to show firsthand disrespect to the flag in desecrating it. Desecration is the act of burning something, in this case it is burning the flag that symbolizes the freedom of this great nation. It is obvious to most that this act should be illegal, seeing as there is no reason good enough to hurt the country in this way; however, some Americans believe otherwise.

The symbols of this great nation are many. The Liberty Bell, Washington Monument, the Bald Eagle, the White House, and the document that is the foundation on which this country is built, the Constitution of the United States. These symbols are immediately recognized by the citizens of the United States and some internationally, however the one symbol that is universally recognized is the Stars and Stripes. It is the symbol of a free nation whose citizens are allowed to strive for the American dream, the ability to achieve success through hard work, regardless of race, creed, or religious beliefs. Such a symbol should be held sacred and beyond reproach. Defacing the White House, harming a Bald Eagle, or burning the Constitution are considered felony offenses, however desecrating the American Flag is protected under the First Amendment of the U.S. Constitution. Standing on, defacing, and burning of the flag by U.S. citizens only creates public unrest and should not be allowed.

Burning the American flag could be considered very disrespectful to most people. However, according to Amendment 1, we have the right to express ourselves. People who burn flags should not be fined or jailed because it's part of our freedom of speech, it causes no harm to others, and it's just a symbolization of America.

Flag burners tend to burn the flag because they are angry for many different reasons. One reason they do it is because they express their grief over the violent deaths being suffered in this country. People get offended because they pay attention to the “White on Black crime.” That is when the “Black lives matter” chaos came into place. It is coincidental that the cops happen to be white and the people getting hurt or even killed by the cops are african american. If a cop tells you an order, you must follow it even if you do not agree. If you don’t follow a cops order, that gives the cop the right to give consequences. Another way flag burning can cause violence is that it can cause damage to public places. It can cause damage by the angry people setting objects on fire, fighting one another, tearing up cars and buildings, etc. To stop the rioting, we all need to come together as a nation instead of harming one another and be civil people. Just because everybody see’s different perspectives doesn’t mean we all aren’t the same, we are all human and need to stop killing each other because we believe

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