Argumentative Essay: The Federal Flag Desecration Law

The Supreme Court in 1989, ruled in favor of flag burning, that it was a protected form of free expression (Texas v. Johnson). In 1990, in another case the same holding was reiterated (U.S v. Eichman). According to the First Amendment of the United States Constitution, it states clearly that for a government (whether federal, state or municipality), it is unconstitutional to prohibit the desecration of a flag, due to its status as a “Symbolic Speech.” The Federal Flag Desecration Law was enacted that prohibited any action of “contempt” against the flag. Since then it has sparked a debate that has raged through American society, on should it be illegal to burn an American flag? Recently, the President-elect Donald Trump proposed a penalty for burning the American flag, which includes a possible jail time or even loss of citizenship (David Wright). In this paper I thus advocate for flag burning as a form of protest to be illegal and support my decision with three main reasons: the flag as a symbol, respect for our country and our fallen soldiers, and is it really a freedom of speech? The flag of America is a symbol. It represents the people who are part of the nation that it stands for. It as well represents the same people protected by it. It represents the collective values of the people, their beliefs, choices and traditions. It

We are definitely entitled to our “rights” but it is important to take note that they are as well privileges. Privileges which if we misuse can be taken away from us. By forbidding the burning of our flag does not mean that it eliminates freedom of expression nor the First Amendment but rather it enhances it. If by freedom of expression, then why does one if he or she enters a mall and yells “fire”, they are arrested on the spot, the same and even more importantly should be practiced with burning of our flag ("Schenck V. United States: Defining The Limits Of Free Speech - National Constitution