There has been a lot of controversy weather during the American flag is right or not. In this certain situation, a group of students gathered at a park to protest terrorism. During this, some students got out of hand a set the American Flag on fire. The students had a permit to protest however they did not have a permit to burn the flag. Therefore, all participants got arrested by the police. While some people feel it's wrong to burn the country's flag, others say it isn’t since it is protected by the first amendment. Burning the American flag is protected under the First Amendment. In 1969 and 1989 the high court ruled that flag burning was protected under the constitution and you will not get arrested if you participate in this.This part of the first amendment has been brought up many times because many people have different stand points. In both cases “Texas v. Johnson in 1989, and US v. Eichmann in 1990 the Supreme Court ruled that flag burning was a form of "symbolic speech" protected by the First Amendment. The ruling came after an appeal from Gregory Johnson, who had been convicted by a Texas court of violating a state law that prohibited the "desecration of a venerated object" such as the US …show more content…
In both cases “Texas v. Johnson” and “US v. Eichman 1990” the court has won 5/4 decision. Even though they won for it to become legal it was very close. This shows that almost half the judges wanted it to be illegal. Also our new president Donald J Trump wants to ban flag burning. Donald Trump tweeted in November, "Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail! (CNN) According to NBC news a recent poll done on November 30th shows that sixty five senators over one hundred voted for a constitutional amendment to ban flag burning. Major political republican and democratic figures backed up this
“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,
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
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.
Obviously flag burning is a fire hazard that can have a very harmful outcome to the environment and all of its surroundings. Another argument that is stated in the E.M.S.A. says “Many materials in clothing can burn” (E.M.S.A). “Consider
In America, people have used their freedom of speech to burn the country flag. For this situation the speech was allowed. I believe that this is a very disrespectful action to be doing, however it's not harming another person directly. Which means that it should be considered a citizen's freedom of speech.
The First Amendment 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; or the right of the people to peaceably assemble and to petition the government for a redress of grievances. This freedom of speech clause as included in the First Amendment guarantees the citizens of America to express information and ideas freely. But is all form of speech free? On the most basic level, this clause allows for the expression of an opinion or idea without the fear of censorship by the government. It protects all forms of communication, with limits so you cannot always say anything you want, wherever you want, or whenever you want. Fighting words are not protected under the First Amendment, for instance, as are obscene expressions.
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
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.
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.
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,
In Texas v. Johnson a majority of the Supreme Court considered for the first time whether the First Amendment protects desecration of the United States flag as a form of symbolic speech. A sharply divided Court had previously dealt with symbolic speech cases that involved alleged misuses of the flag. While "the Court had ruled in favor of the defendants in those cases (Street v. New York, 1969; Smith v. Goguen, 1974; Spence v. Washington, 1974), it had done so on narrow grounds, refusing to confront the ultimate question status of flag desecration" (Downs 868). The court ruled in favor of Johnson (5-4), believing that "there was no evidence that Johnson's expression threatened an imminent disturbance of the peace, and that the statute's protection of the integrity of the flag as a symbol was improperly directed at the communicative message entailed in flag burning" (Downs 868). Justice Brennan concluded by saying, "We do not consecrate the flag by punishing it's desecration, for in doing so we dilute the freedom that this cherished emblem represents" (Witt 409). Reacting to this ruling, the Untied State's Congress sought to pass legislation that would overturn it. The Flag Protection Amendment was introduced and then voted down, but then the Flag Protection Act was passed in both houses. President Bush allowed this act to pass without his signature, "an expression
“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.
Many feel that the American flag amendment is a special case. Supreme Court Chief William Rehnquist claimed it was