Flag Desecration Synthesis Essay

This case then was put up to the national level and sent to the United States Supreme Court. There was great public attention because of media. Many groups involved themselves in either trying to support that Texas violated Johnson's first amendment right of freedom of expression, or tried to get a new amendment passed to the constitution stopping the burning of the United States’ flag. The final decision by the Supreme Court on June 21, 1989 was by a 5 – 4 vote, that the Texas court of criminal appeals violated Johnson's first amendment rights by prosecuting him under its law for burning a flag as a means of a peaceful political demonstration. The Supreme Court upheld this ruling, stating the flag burning was "expressive conduct" because it was an attempt to "convey a particularized message." This ruling invalidated flag protection laws in 48 states and the District of Columbia.

“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,

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

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 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.

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

Was it right for Johnson to burn the flag? It was under federal law in 48 of 50 states in the U.S. to desecrating an American flag and it was also a criminal offense in Texas. Freedom of speech should not apply to flag burning because of “intangible dimension” of the flag’s deeply symbolic value others maintain that flag burning establishes rejection of the system that protects freedom of speech

Is burning the American flag freedoms for speech? The Supreme Court says that burning the American flag is a form of expression that's protected by the first amendment. Flag burning is something that needed to be protected. Congress passed the Flag Protection Act in 1989 that stated anyone who knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or templates upon a United States flag can be prosecuted. The Boston Tea Party carried a message and no one expected that act of civil disobedience was protected by free speech. Burning the American Flag is wrong no matter who burns it, it is wrong to do so. You wouldn't want no one burning your flag so I believe it's not okay to burn any flag at all and it shouldn't

In the text, “American Flag Stands for Tolerance”, people appear to show strong emotions and opinions about burning a flag. Most would say that it is patriotic that Mr. Johnson starts to burn a flag to express his feeling of disagreement, while others say that it is wrong and deserves punishment. We are all entitled to our own opinions, as Ronald J. Allen states in a newspaper

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.

While people have the right to protest and say what they want through words or actions, it is wrong to desecrate one’s country by burning the flag because it is disrespectful to the ones who have fought for the country. Many people are against it including the president, but he can not legally stop them from doing it. It is their constitutional right to protest this way because it is a form of speech and the Framers of the Constitution guaranteed freedom of speech and expression to the citizens of the United States with the First Amendment, which reads, in part, "Congress shall make no law abridging the freedom of speech." (“Freedom of Speech”). They're getting their message across by using actions rather than words therefore they can not be told to do other wise according to the first amendment in the constitution (Kopan).

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

Illegalizing burning the flag is limiting freedom of the First Amendment, not portraying existence of freedom at all. Justice Brennan, speaking for the majority U.S. Supreme Court said: “We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that is cherished emblem represents.” (2012). Freedom is freedom, deciding to put limits on freedom of speech is invading. Burning the flag should not be illegal if not done with the intention of violent action or hate speech.

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