The American Flag Outside Of The Convention Center Essay

The central issue in the Stromberg case was whether the state of California violated the First and Fourteenth Amendment by making it illegal to display red flags that suggested support of organizations that dissented organized government or favored anarchic action (Communism). This case was a significant landmark in constitutional law because of the Court’s use of the Fourteenth Amendment to protect a First Amendment right, symbolic speech, from state infringement. It impacted American society in a positive way because it expanded the freedoms in the First amendment and created the doctrine that would be used in cases involving subjects like American flag and draft card burning. The Supreme Court ruled accurately, the government cannot outlaw speech or expressive conduct because it disapproves the ideas expressed. “Nonverbal expressive activity can be banned because of the action it entails, but not the ideas it expresses.” (pg.25)

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

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

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 First Amendment rights have caused much controversy because it allows people to say, act, or feel how they see fit; for example, hanging of a Confederate flag or displaying a swastika in public view. It is a very hard and intense act; although it is their right to do so. According to the Supreme Court’s ruling, the displaying of these symbols is protected under the First Amendment.

Johnson, 491 U.S. 397 (1989), was heard in the Texas Court of Criminal Appeals. Johnson v. State, 755 S.W.2d 92 (Tex. Crim. App. 1988). The Texas Court of Criminal Appeals reversed the decision of the Texas Court of Appeals, Fifth District holding that “Johnson’s right to freedom of speech under the First Amendment of the United States Constitution was violated by the statute. States cannot pass laws which take away freedoms that are promised under the United States Constitution, and in passing section 42.09(a)(3), the state had deprived Johnson of his constitutional right to express his views about the government.” Johnson v. State, 706 S.W.2d 120 (Tex. App. – Dallas 1986). The Texas Court of Appeals, Fifth District had affirmed the decision of the Dallas County Criminal Court which found Mr. Johnson guilty of desecration of the American flag. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13,

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

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

II. Flag burning as a symbolic act, symbolic counter speech and the original meaning of the First Amendment’s Free Speech Clause

Lately, if you turn on the news, the media headlines are covered with the news of protests. These protests include marches, kneeling, and in some cases, even rioting and fighting. However, one from of protesting stands out the most: burning of the United States flag. Recently, protestors have burned the flag to protest the president and the police. Burning the flag is not something new to this country, however. There are many recorded instances of the American flag being burned as a form of speech; especially during the Vietnam War period. I, on the other hand, strongly believe that burning the American flag is wrong. It much more than just a piece of cloth, it is a scared symbol of our country. In order to stop the mutilation of the symbols of our country, I am proposing an amendment to the Constitution. The amendment that I am proposing will empower Congress to utilize their powers to implement restrictions on mistreatment of iconic American symbols.

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 act for which appellant was convicted was clearly 'speech' contemplated by the First Amendment." The court also stated that, "Recognizing that the right to differ is the centerpiece of our First Amendment freedoms," the court explained, "a government cannot mandate by fiat a feeling of unity in its citizens. Therefore, that very same government cannot carve out a symbol of unity and prescribe a set of approved messages to be associated with that symbol when it cannot mandate the status or feeling the symbol purports to represent." The Supreme Court found that the state's first interest of preserving the flag as a symbol of national unity was not made. The state had not shown that the flag was in danger of being stripped of its symbolic value, the Texas court also decided that flag's special status was not endangered by Johnson's actions.

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