A public flag burning in protest of a recently enacted law is protected by the First Amendment’s Free Speech Clause. The desecration of flag burning is idiomatic to the 21st century. Flag burning became an issue in the U.S. after the Civil War and since that time has had a drastic history. "Congress passed the Federal Flag Desecration Law in 1968" (Head, 2017). The law banned all exhibition of abhorrence against the flag. However, the ban did not address the other issues dealt with by the state flag
The desecration of the American flag has been an ongoing issue in the United states for quite some time. Protesters burn, trample, stomp, or purposefully hang the flag in a manner to show protest against something that they don’t agree with. Although penalties were set in place for doing these acts, they are not enforced but rather covered by saying it is their first amendment rights as a symbol of free speech. But what would happen if these acts took place in another country where the penalties
Should desecrating the American flag be illegal? The American flag is so loved because of what it represents; the land of the free. Unfortunately, that freedom also includes the ability to use or abuse that flag in protest. The Supreme Court declared in 1989 that the government could not stop citizens from desecrating the nation’s flag. On an emotional level, I would almost immediately agree that there should be laws protecting the American flag from desecration or destruction. However, if I examine
symbol; In this case, the flag of the United States is an important symbol that stands for many things. Some people put the flag of the United States on a pedestal, they look up to the flag, and value it, so when someone desecrates the flag they get infuriated. On the other hand, some people see the flag as a symbol of our freedom that supports the First Amendment which allows us to disrespect the flag if we want to. For many years controversy has surrounded flag desecration and one of the most famous
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
freedom of speech is expressive conduct (such as flag burning). The supreme court has grappled with whether laws banning expressive conduct are permissible under the first amendment. This court is in favor of Texas because, is it not right to burn a flag, with military people died to protect our flag, it is a symbol of freedom, and it will cause more problems in the world. One of the reason’s, is not right to burn a flag. Desecrating an American flag was a criminal offense in Texas. As it was under
The American Flag should be protected from desecration because it is a symbol of what this country has fought for, what we continue to fight for, and how amazing of a country the United States really is. I am very much against desecration of the American flag because it disrespects something that means so much to me and so many other people in this country. The American Flag isn’t just something that hangs on a pole outside someone’s house or business, it is a symbol of what this country has fought
to enact laws prohibiting acts such as flag burning. I believe there is away to compromise between the two opinions, and have a possible policy that both sides could agree on. To desecrate a flag means to burn or deface the flag, use it unconventionally, or bear the image of the flag on an item to be destroyed and/or soiled. Still views vary throughout the nation as to whether the acts are disrespectful or symbolic of national pride, but desecrating a flag is most commonly known as a protest against
Flag Desecration Every day in the United States service men and women put their lives on the line for freedom. These freedoms are granted to citizens by the U.S. government. One of these freedoms is the freedom of speech. One action that should not be protected by the government is the freedom of flag desecration. Mark Brummitt, a thirteen year Army veteran protested a flag burning ceremony in Brooklyn, New York. Brummitt pledged, “I will stay here until this is all over,” he said. “All throughout
“We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents.” -Justice William J. Brennan, Texas v. Johnson What happens to a principle if we are unwilling to stand for it? What does it mean to believe something only to the point where it becomes uncomfortable to do so? The answer is simple, the principle ceases to exist. It becomes nothing more than hypocrisy, a lie we tell ourselves to create a sense of faux morality.
Gregory lee Johnson, was convicted of burning the American flag which violates the Texas Penal Code. Burning the American flag is unconstitutional to some and to others it is protected by the first amendment. This is a huge controversial argument between many american citizens. Some say that it doesn't have a big impact on the US, but really it has a bigger impact than I ever imagined. The Texas vs Johnson case had a big impact on the United States because it shows us how the 1st amendment guarantees
the American flag should be considered expressive conduct that is protected by the First Amendment. Gregory Lee Johnson was convicted of the desecration of a venerated object when he burned a flag outside the 1984 Republican National Convention in protest of President Ronald Reagan's policies. There was a Texas statute in place which prohibited the intentional desecration of a venerated object, considered to be public monuments, places of worship or burial, and state or national flags. In a five-to-four
The legality of burning the flag is not a debated subject, but the question of should it be legal is. Burning the flag is protected under the First Amendment; however, a recent poll shows that a majority of U.S citizens disagree. Burning the flag in a form of protest should not be legal because the flag is a symbol of the country, honoring the flag demonstrates loyalty to the country, and the flag honors the sacrifice that soldiers have paid for this country. The flag is a symbol of the country.
Flag burning should be acceptable because it is a form of expression. This is defended by the 1st amendment. This means people should have the freedom to burn the flag if they want. The case Texas v Johnson deal with this same issue. Johnson is known for burning the U.S. Flag in the state of Texas. His point was to protest against policies of the former President, Ronald Regan. Johnson then got arrested and charged for violating the law of Texas. Johnson said this was going against his 1st Amendment
Johnson”, a man by the name of Gregory Lee Johnson burned an American flag during a protest in the city streets. He was convicted of desecration of a venerated object in violation of a Texas statute. He argued that his actions were protected by the First Amendment. In other words, “Johnson’s conviction for flag desecration is inconsistent with the First Amendment”(P3). It was appropriate to challenge the rules in this situation because Johnson's’
Convention of 1984, Gregory Johnson burnt a stolen flag outside Dallas City Hall. He burnt an American flag in protest to Ronald Reagan’s political policies. He went to the State Court, and he was convicted. All this restated, “In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration” (Oyez). He disagreed and took the case to the
Communist Youth Brigade, led a protest at the 1984 Republican National Convention in Dallas to protest Ronald Reagan’s reelection. During this protest, Mr. Johnson soaked an American flag in kerosene and proceed to burn it. Mr. Johnson was then arrested and charged for violating the Texas state law that prevented the desecration of a venerated object. The proceedings began with statements from the petitioners who claimed that precedent cases such as US v. O’Brien (1968), which deemed that the burning of
corporations. During the march through the city’s streets, Johnson burned an American flag while the other protesters was chanting for him. Nobody was injured at the protest or burning of the flag, although several eye witnesses were upset by Mr. Johnson behave, which resulted him being arrested, charged, and convicted for violating Texas statute that prevented the desecration of venerated object, such as the American flag, and State court of appeals affirmed. Nevertheless, Johnson appealed his case and
Should someone be locked up for burning the American Flag? Yes, because the American represents unity and freedom between all 50 states. Most of the U.S. may have become emotional, because of what happened to the flag. Desecrating an American Flag was a criminal offense in Texas, as it was under federal law and in 48 of the 50 states. Johnson was arrested and charged with violating the flag. The court sentenced Johnson to one year in prison, and a fine of $2,000. Texas reversed Johnson’s conviction
INTRODUCTION Burning the flag is like spitting in the USA’s face. Most people know that, and that’s why when they disagree with the government’s decision, or want to protest, they do said burning. People who have, or will, burn the flag have, or will receive very harsh criticism from other, patriotic, citizens. Now the question is, do they deserve said “harsh criticism”, and should it be illegal to burn the flag? I believe it’s okay to express yourself, no matter the reason. “Yes or no?” Sadly