The Importance Of Flag Desecration

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,

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

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.

This brought on the Supreme Court striking down all laws banning flag desecration in 1989. Justice Brennan wrote “If there is a bedrock principle underlying the First Amendment, it is that Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable (civilliberty website, n.d) One cannot simply ban or outlaw a person’s right to exercise their ideas publically because it goes against the majority or popular belief. Taking away ones freedom of speech, you then take away the voice of a nation. You don’t have to always agree with the words, ideas or views someone expresses but you must give them the right to say it without repercussions. We recite the pledge of allegiance, not fully understanding what it means. The last section of the pledge states “with liberty and justice for all”. (UsFlag.org, n.d) Which means, the freedom to live, speak and to carry on without fear or injustice. No matter the race, gender or ethnicity George Washington said it best, “if the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.”(Washington, n.d line 31 ) This nation was built upon principles that we are all free. Free to live and exercise our rights to speak freely and protest as citizens without fear. The Constitution also allows one to peacefully

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 symbols of this great nation are many. The Liberty Bell, Washington Monument, the Bald Eagle, the White House, and the document that is the foundation on which this country is built, the Constitution of the United States. These symbols are immediately recognized by the citizens of the United States and some internationally, however the one symbol that is universally recognized is the Stars and Stripes. It is the symbol of a free nation whose citizens are allowed to strive for the American dream, the ability to achieve success through hard work, regardless of race, creed, or religious beliefs. Such a symbol should be held sacred and beyond reproach. Defacing the White House, harming a Bald Eagle, or burning the Constitution are considered felony offenses, however desecrating the American Flag is protected under the First Amendment of the U.S. Constitution. Standing on, defacing, and burning of the flag by U.S. citizens only creates public unrest and should not be allowed.

In response to the decision made in Texas v. Johnson, Congress enacted the Flag Protection Act of 1989. The Act, this time focused not on simply prohibiting the desecration of a flag, but of protecting the entire physical integrity of a flag. The Act did, however allow for the proper disposal of old, torn, worn, or soiled flags. Congress did this with the purpose of removing language that the courts might find made the statute a statute that aimed to suppress certain kinds of expression. They also tried to challenge the Court and prior rulings to prohibit the burning and desecration of American flags. After Congress passed this law, many burned flags in protest.

On August 22nd, 1984 Gregory Lee Johnson was arrested on the grounds of desecrating the American flag in downtown Dallas, Texas. His trial was held roughly three months later, where Johnson was then convicted of the crime, sentenced to one year in prison, and forced to pay a fine (Goldstein 37). After a series of appeal attempts, the decision of Johnson’s case was finally reviewed by the Texas Court of Appeals in 1988 and was then overturned. The court of appeals said that Johnson’s actions were protected by his 1st amendment right to freedom of speech. Texas then took that ruling to the Supreme Court where they ruled again in Johnson’s favor saying that Texas’ law against flag desecration was unconstitutional and violated first amendment rights.

Protesting is one of the many freedoms of being an American citizen. Although there are freedoms, I believe flag desecration shouldn’t be allowed as a form of protest. Flag desecration should not be allowed because it is very disrespectful toward our veterans and our country, and it shows how you abuse your rights and freedoms as a citizen. Veterans fight and die for the freedoms and rights that the people of the United States have which is why one should never disrespect an American veteran. Veterans fight for that flag everyday of their lives because war sticks with them forever.

4. I would like to see an amendment that prohibits the desecration (especially burning) of the American flag because...

As times change, so do our cultural expectations and sociological acceptable norms. The image in the link provided above captures a peace sign printed on the American Flag, which is being raised during a strong anti-war protest in Washington, D.C. (Vietnam: Anti-War Protests 1). This distortion of the flag captures the citizen’s opposing views towards U.S. involvement in Southeast Asia. During the 70s, the defacing of an American flag to express unity and tranquility would have been an acceptable and powerful statement against the brutality and the turmoil of the Vietnam War (Levy 5). In today’s world, this defacement would violate the Flag Protection act of 1990, which is a result of Texas v. Johnson, a supreme court case in 1989 regarding

The burning of the US flag should fall under the protections of the First Amendment, this free speech should be protected. The first reason the burning should be allowed is because burning the piece of fabric does not damage the system of freedom. General Colin Powell, a soldier of thirty-five years, replied to Senator Leahy's letter, declaring his belief that people burning the flag does not damage his and or the country's system of freedom (Article 1). In his opinion, people are free to do whatever they want as long as it is their property, however if the flag belongs to someone else, it should be considered a prosecutable crime. Additionally, the burning of the flag should be allowed because if it was banned, then it would be violating

Explained by the author, Judy Bray Garrison, the opinion section of the Morning Call is begging the question in this type of fallacy by assuming everyone knows the American flag represents proper respect for the United States men and women who served our country in order to defend our freedom. There are different meanings by the way the flag is display known as the “flag code” that spells out the protocol to define how to demonstrate respect. Students in school should return to stating the pledge of allegiance to their flag and break down the sentences to learn the sacrifices made for which it stands. When children destroy a display of 250 flags while laughing at the sight, showing disrespect to those who took the time and money to purchase

The Flag is an honored and venerated symbol of a country. Epic wars were fought for this piece of fabric, such as the American Civil War, or World War Two. However, some people disrespect this, and “Take it too far” such as, physically destroying the flag, or desecrating the flag by burning it down into a pulp. This is currently illegal in several major countries. I believe that desecration of the flag is not permissible, and should stay illegal in the United States.

Those people risked their life, so we could have a free one. I can't imagine that anyone who fought for the country would be okay with seeing you burn the flag. Some people can't stand, because they are giving you the right to stand. More than 40% of soldiers come back and are wounded, 1 out of 8 soldiers suffer from PTSD. PTSD is post traumatic stress disorder, a mental health problem people develop after a experiencing or witnessing a life-threatening event, like a combat, a natural disaster, a car accident, or sexual assault. It’s normal to feel on the edge, or have trouble sleeping after an event like this. Many men and women have this, and will suffer from it for a long time, if not the rest of their lives. I can’t imagine fighting and risking my life, ability to move, and my mental health for the United States and coming back, to watch people burn the flag, and not stand for the National