“The [American] flag uniquely symbolizes the ideas of liberty, equality and tolerance - ideas that Americans have passionately defended and debated throughout our history. Thus, the Government…should protect the symbolic values of the flag” wrote Justice John Paul Stevens in the Texas v. Johnson (1989) Supreme Court Case (History of Flag Burning). Justice Antonin Scalia agreed, “If it were up to me, I would put in jail every…wierdo who burns the American flag” 9. However these Justices may have felt personally, this was not the result of the vote. In 1989, the Supreme Court defended flag burning as part of the First Amendment freedom of expression.
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,
For many years, putting the American flag on bathing suits, bandannas, covers, phone cases, and sometimes on shirts with inappropriate designs are not represented as disrespecting the flag, but taking a simple knee is. John Stafford Smith wrote the national anthem at the end of the national anthem and throughout the web say’s that a person must be quit and stand with their right hand across their chest. In the NFL rule book does not state nothing about the national anthem( Fitzapatrick). Kneeling during the national anthem has created a big dispute between fans, reporters, and even the President of the United States. Should a man be penalizing for peacefully protesting what people thinks disrespect the veterans.
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.
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
Ever wonder why rebelious symbols such as the confederate flag are still allowed its showing betrayal how the country was split in half and how we shed so much blood cause of that. You could be walking across the street and see the confederate flag and you may think nothing of it or you might think of all the lives lost and the separation in the country.
On August 22, 1984, Gregory Lee Johnson was arrested for setting the U.S. flag on fire. His simple act of protest led to the Supreme Court ruling that flag burning is protected under the First Amendment as free speech, thus overturning his conviction. The flag symbolizes freedom, and part of that freedom is being able to express dissatisfaction with the government. However, some see flag burning not merely as a demonstration of opinion, but as an attack on national unity and American values. Should it be illegal to burn the U.S. flag as an form of protest, or is this method within the rights of American citizens?
Your First Amendment rights are extremely close to being violated by none other than the United States Congress. I refer to the Flag Desecration Bill that, if passed, would do irreparable damage to our right to free speech and undermine the very priniciples for which the American flag stands. Fortunately, West Virginians have an ally in Sen. Robert C. Byrd. Sen. Byrd, who previously favored the bill, now fights to protect our rights by stopping the passage of this bill. I applaud his stand and want to reinforce his position. I also encourage you to join Sen. Byrd's campaign to ensure the legacy and supremacy of the greatest law in the land: the United States Constitution.
The American Flag can be seen in many public places. You see it in schools, government building, stores and hanging in our homes. Those stars and strips are a symbol of freedom to many people across the nation. But is also represents civil liberties that became the pillars this country was founded upon. Flag Burning should be legalized because it allows those who feel disenfranchised the freedom of speech, the Constitutional right to protest and in many important instances it holds no Anti –American sentiments.
believe it is an expression of free speech, which is protected under the First Amendment in the United
In a society that contains over 300 million people, it’s challenging to find individuals with the same beliefs at you. By living in the South and living in a predominantly Republican household, many of my beliefs contradict my peers. One of the most recent times in which I’ve challenged a belief was the decision on whether or not the Confederate flag should be flown. The flag itself, represented a time of division, not a time of celebration. It reflects a time in which the South seceded from the Union in the 18th century due to their support of slavery.
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.
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
The American Civil War was a clouded era where, by comparison to modern norms, judgement was ill evolved; during the American Civil War era, slavery was still acceptable in certain parts of the country. However, it was nevertheless a cultural turning point in the history of our nation. Our nation has not always been the cultural mixing pot it is now. To arrive to modernity, there are many factors that we ought to take into consideration so we can be knowledgeable about how we got to where we are today. In the past months, there have been events that have caused a big spark in the debate of Confederate monuments; such as the rally in Charlottesville, Virginia, where protesters and counter-protesters caused a riot, and a big part of their fight pertained to if specific Confederate monuments should be removed or be able to stay. Some argue that Confederate monuments should be removed due to the very apparent connections to slavery and racism and also that times are rapidly changing. However, I argue that Confederate monuments should be preserved, but the monuments should also be evolving with our ever-changing society, in order to be honest about our nation’s past even if those memorials are somber or difficult to talk about. If we were to keep Confederate monuments we should add placards where it talks about specific events that will help with maintaining the education and learning of the American Civil War.