We Need a Constitutional Amendment to Protect the American Flag

“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.

The United States of America was found on freedom of speech and expression. In Ronald J. Allen´s editorial title American Flag Stands for Tolerance, he states¨It is, thus, no surprise that the 1st Amendment is where it is in the Bill of Rights, for it is first in importance.¨ The declaration of Independence was the original document that declared our freedom from the oppression of England´s crown, and in it the founding fathers stated that everyone deserves the freedom to express themselves in whatever way they seem fit, until it puts others in danger. If flag burning were to be exceptionized from the first amendment, we would be reversing the progress the founders of our nation fought for. To restrict someone from burning a flag, as long as they have the burning in control and are not trying to harm others, would be oppressing them.

Through the years of America, there have been multiple accounts of flag desecration. Flag desecration is a term that is used to describe a various set of acts that intentionally destroy, damage, or mutilate a flag in public, and in this case, the American flag. Citizen’s typically doing this treasonous act when they want to make a political point against their country or policies in the country or another country. Some of these actions include: burning it, urinating or defecating on it, defacing it with slogans, stepping upon it, damaging it with stones or guns, cutting or ripping it, verbally insulting it, or dragging it on the ground. A few countries have laws that forbid the methods or just uses of this

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

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,

Though the First Amendment nationally guarantees our right to free expression, the Fourteenth Amendment also champions our cause in the states by means of the due-process clause. The due-process clause states that "no state shall...deprive any person of life, liberty or property, without due process of law" (Wilson). Until 1925, it was legal for the states to pass legislation prohibiting such forms of protest as symbolic speech because the Supreme Court had previosly denied that the due-process clause made the Bill of Rights applicable to the states. However, in the case Gitlow v. New York, the Supreme Court decided that freedom of speech and of the press implicated the "fundamental personal rights" protected by the due-process clause, and the states could no longer breach through legislation those freedoms guaranteed to each individual (Wilson). This case established the precedence that state laws involving speech violate the freedom of expression guarantees of the First Amendment, made applicable to the states by the Fourteenth Amendment. Thus, no matter how offensive or repugnant some forms of expression may be, that expression has strong and definite constitutional protections that cannot be encroached by the national or state governments. To create an amendment to weaken our civil liberties constitutes a means to further destroy the representation of our national symbol - the flag.

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 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.

“Old Glory,” otherwise known as the American Flag, has been a huge part of America 's history and a representation of The United States of America. Ever since The American Flag has been around there have been countless debates about whether it should be a crime to burn or deface the flag. Throughout the world there are many places where defacing your country 's symbol is considered a crime and considered disrespectful, and others where it is considered an expression of free speech and one can do so if they please. Most debates revolve around the issues of respect and national pride versus freedom of speech; both sides are very passionate about their stance on the topic.

Burning our nations governments flag is unconstitutional. There many written documents that prohibit the burning of the American Flag. The constitution, many congresses bills trying to pass it for good, and it is law in many states constitutions. In 1989, the

In America, citizens are protected by the First Amendment, which is the freedom of expression (speech, press, religion, protest, etc), without any guidelines to follow. Judges ruled that “burning and other desecrations of the flag are protected as free speech under First Amendment.”

Burning the United States of America flag should be protected under the First Amendment right. The first reason is because burning the flag does not destroy or damage the system of freedom and the meaning the flag represents. According to article 1, retired General Colin Powell’s letter to Senator Leahy, he states that if it is their own flag there should not be punishments, however, if it is someone else's then it should be a punishable crime. Having the freedom to their own property further enforces the meaning and value the flag stands for in the first amendment right. Moreover, it is their own property and they should have the rights to exercise their first amendment right. Another reason is because the act of expressing one's expression

acceptable to have a "narrow, special amendment to protect a special flag from desecration." ("Consequences" 2). Even Thomas Jefferson and James Madison denounced flag burning as a crime (Brady H 2). Others feel that flag desecration disrespects those who lost their lives for our country, stating the flag symbolizes the blood that runs through our country. George Whalen, a soldier, said "the stars and stripes of our nations flag is the symbol of our nation's values... It represents loyalty patriotism and love of our country." ("citizens" 3). Those against flag desecration must remember that the men and women who fought and died for our country were fighting for justice, freedom, and independence, all of which give one the right to desecrate the flag. Yes, the flag represents these freedoms, but the

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

Did you hear about the teacher at Massey Hill Classical High School in Fayetteville, North Carolina who stepped on the flag during a lesson? How would that make you feel? Flag burning should not be allowed because it is disrespectful to our country, should be against the law, and there are many other types of free speech people can use to express their opinion. First of all, flag burning is disrespectful to our country.