Symbolic Speech : Freedom Of Speech

In 2017 controversy struck when the NFL tried “taking a stance” and protesting the National Anthem. In this protest, many NFL players one by one knelt down while the National Anthem played at their sporting event. The National Anthem is a song for our country and symbol to represent all of the men and women who have fought in our military. This song is not played just for our entertainment, it is to honor the flag and what it stands for. The protesting was started by Colin Kaepernick, last season, when he was the quarterback for the San Francisco 49ers. He was the first player to take a knee during the playing of the National Anthem, now many other NFL players this season are following in his path and doing the same thing. Many players and viewers claim it is for police brutality and the injustice that is being served, while other viewers see it as entitled millionaires disrespecting the flag and the military. Everyone has different opinions on the issue, but no matter what the country needs to respect one another as humans and be united; the American Flag is a symbol of our freedom and the NFL needs to recognize the National Anthem rather than kneeling and disrespecting what it stands for.

In 1989 the United States Supreme Court ruled that burning the American flag was a form of symbolic speech and therefore was protected by the United States Constitution. What would happen if they took away the right of freedom of speech? How would people express their feelings and emotions towards the government? Many people would feel as though the government was attacking the basis of one of our nation's strongest beliefs. Many would argue over this situation. Protestors would raise all sorts of questions. What is a free nation that does not allow political disagreement? What is a free nation that will not allow itself to be spoken out against? What is a free nation that wants to punish those who oppose its hypocritical principals?

“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.

This year’s election alone has brought about many emotions and deep rooted feelings that have not come out in years. Hate speech and actions carried out because of hate speech has cause a deep division in American culture. Groups like “Black Lives Matter”, “All Lives Matter”, and “Alt-Right” are all under fire for things that have been said or done in the names of these groups. There has been terrorist attacks in the names of religious groups whom believe that a newspaper or group has insulted their religion, beliefs, and gods. Not to mention our own President Elect of the United States, Donald Trump, has been accused of fueling much of the hate speech we see today. This begs the question, should freedom of speech have any restrictions or be limited in any way, or is that unconstitutional? To look at this we must first identify what “Freedom of Speech” is as defined in the constitution and how it relates to current issues in the world and in America, then I will talk about some situations where regulation is already put in place in America, lastly we will look at some situations where I believe freedom of speech could use some clarification or restriction.

“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

The American Flag is symbol of freedom to those individuals living in the United States. To the soldiers who fight for our freedom, seeing the flag they honor and salute disgraced and disrespected is like a “slap in the face”. Topics discussed throughout this paper are as follows The Star Spangled Banner, American traditions involving the flag, how to fold the flag and what each fold symbolizes, how to properly handle and when/when not to fly the flag as well as, flag burning, a few major case laws about the flag, pending Supreme Court cases regarding the American flag, the reasons for the decisions made, how things have changed over time and some arguments for/against, pros/cons will be discussed so that we all

1. The measure of a great society is the ability of its citizens to tolerate the viewpoints of those with whom they disagree. As Voltaire once said, “I may disagree with what you have to say, but I will defend to the death your right to say it” (Columbia). This right to express one's opinion can be characterized as “freedom of speech.” The concept of “freedom of speech” is a Constitutional right in the United States, guaranteed under the First Amendment to the Constitution:

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

Kneeling during the national anthem is not just wrong it is also disrespectful to the multitudes in our country who have served or or presently serving this great nation-- the United States of America. The national anthem represents many things. One of them is the fortitude of our country’s flag. In the anthem it declares that the United States of America is “the land of the free and the home of the brave.” The flag represents the very core and essence of our nation as the only land on the continent that offers its citizens the freedoms it has at the price paid for ultimately by the brave. It is in no way oppressive nor racist. It is the theme song for every American. The intended audience of this paper is an appeal to all Americans. The quarterback of the 49ers football team, Colin Kaepernick, first began a protest to draw attention to a series of incidents against African Americans by remaining seated during the national anthem, “the Star Spangled Banner.” After the great stir Kaepernick caused in the media during September 2016, Kaepernick switched up his protest by taking a knee as a nod or gesture of showing more respect to current and former military after receiving an in-depth letter from Nate Boyer a former NFL player and US military veteran. Boyer served our country as a Green Beret. Over a decade ago, Boyer witnessed genocide while working in Sudan. He met numerous African men who were smitten with America and longed to have the

A present day crucible in today’s world that has been occurring more and more is kneeling to the national anthem and how people that kneel don’t like our country, are only focused on helping one group/race of people, and people are being kicked off teams because of them making protests.The Anthem protests started last year in August when Colin Kaepernick sat on the bench at an NFL game during the National Anthem. After the game reporters asked him why he sat and he said, “I am not going to stand up and show pride in a flag for a country that opposes black people and people of color” (Wyche ). Since this first incident it’s spread across all of the NFL, high school sports, NHL, women's professional soccer, and even in the MLB. This protest has even been caught in the eyes of the president and there is no sign of this protest slowing down.

Many people believe that the American flag represents the pride they have in their country. Anyone who was to damage the flag is often seen as “un-patriotic” or even as a “terrorist”. That, however, is simply untrue. Burning the American flag is one of the greatest patriotic acts a person can do.

In result to this case, the majority of the court noted that the Texas law discriminated upon the law. They feel that this act might bring up anger in other people and more flag burning. The majority of the court also agreed that Johnson had the right to use that form of symbolic speech because it is protected by the first amendment. They find this act is very offensive, but the society’s outrage alone is not justification for depressing Johnson’s freedom of speech.

Symbolic speech can be expressed in many different kinds of forms. The speech can be spoken, written, or be an action. All of these kinds of conduct could be said to express ideas in some ways, however, only some conduct is protected as symbolic speech. When the court analyzes these types of cases, they will ask the speaker about whether they intended on conveying a particular message and whether it was likely that the audience understood the message and the

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

Symbolic speech is a type of speech used to express one’s ideas. The notion of symbolic speech is protected in the United States constitution which evidently 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...” (U. S. Constitution). The freedom of speech represents one of the most vital amendments in the United States Constitution and carries its involvement regularly. The several varieties of speech that is protected in the Constitution affects each individual and one’s privileges, but this first amendment