In some recent years, I have personally seen a large amount of flag burnings on the internet, television and social media in general. This act is often seen as free speech, like the burning of Lebron James jersey’s when he left the Cavalier’s or when Colin Kapernick decided to take a knee during the National anthem. These jerseys however, don’t represent our nation, they represent people who made questionable decisions that pissed off a lot of people. So, should it be considered treason when citizens of the United States burn the flag in a show of protest? No, but maybe there should be a penalty for endangering the public and insulting our American way of life. The flag is a symbol of freedom and hope, not something that should be desecrated …show more content…
Johnson” and the 1990 case of “The United States v. Eichman”. These two cases have set the precedence and law for the United States referring to the first amendment right to freedom of speech and the burning of the flag. Both cases were won by a five to four majority and the issue has yet to be brought back to the Supreme Court with a real argument or to pass through both houses of congress in an attempt to make an amendment to the constitution. The issue however, should not be whether it is your first amendment right to burn the flag, rather it should be, is it legal to set fire to objects in a form of protest in public? The overwhelming answer to this would be absolutely not, lighting trashcans and cars on fire is illegal, so why is it not illegal to burn a flag during your “peaceful” protest?
Justice William Brennan wrote the majority decision, with Justices Anthony Kennedy, Thurgood Marshall, Harry Blackmun and Antonin Scalia concurring. ‘Johnson was convicted for engaging in expressive conduct. The State’s interest in preventing breaches of the peace does not support his conviction because Johnson’s conduct did not threaten to disturb the peace,’ said Brennan (A history of the flag