Many people have strong feelings regarding the American flag and the ideals for which it stands. Some, including many U.S. senators, feel that flag burning is disrespectful to our country, its people and especially the soldiers who fought to protect it. they believe that the american flag deserves protection and respect. Other, including the U.S. supreme court in 1989 and 1990, feel that flag burning is a form of symbolic speech that should continue to be protected by the first amendment to the U.S. constitution. Why Flag burning is illegal. They contend that it is the very type of freedom for soldiers are fighting. It was shortly before the Fourth of July in 1989—two centuries after the Constitution of the United States took effect—when the …show more content…
“Reverence for the flag is ingrained in every schoolchild who has quailed at the thought of letting it touch the ground, in every citizen moved by pictures of it being raised at Iwo Jima or planted on the moon, in every veteran who has ever heard taps played at the end of a Memorial Day parade, in every gold-star mother who treasures a neatly folded emblem of her family’s supreme sacrifice.” Yet, he continued, that was precisely the reason why the court, in the case Texas v. Johnson, declared that federal and state laws that protect the flag are in violation of free-speech protections. The flag is so revered because it represents the land of the free, and that freedom includes the ability to use or abuse that flag in protest. Almost immediately after the ruling was made, President Bush proposed a solution: a constitutional amendment that would exempt flag-desecration as protected speech. But the legislative branch struck first and passed the Flag Protection Act of 1989, which made it criminal to desecrate the flag, regardless of motive. Protesters responded quickly by burning flags, in an attempt to get the issue back to the Supreme Court. Almost exactly a year after Texas v. Johnson, their wish came true. In United States v. Eichman, which was decided exactly 25 years ago, on June 11, 1990, the Supreme Court once again ruled that burning the flag was an example of constitutionally
I believe people lack respect for the flag and what it stands for. Although most people are proud to be an American, some don’t understand what it truly means to be an American. The flag has a history, and should be respected because of that history. Although most believe that respect should be earned, our flag has earned this many times over. And I believe that our flag is taken for granted.
Johnson and his lawyers were dissatisfied with this decision and made an appeal to the Fifth Texas Supreme Judicial District. This appeal, made on May 8, 1985 would be titled as Texas vs. Johnson. The defense argued that Johnson was prosecuted in violation of the first Amendment, clearly states that no law may take away a person's freedom of speech or expression, and of the Bill of Rights and the free speech clause of the Texas Constitution. Johnson argued that in his opinion, flag burning is part of freedom o...
In John McCain’s essay “Veterans Day: Never forget their duty” he talks about his friend ,Mike, who was in the same prison camp as he was in and showed the pride that he and his fellow prisoners had for their flag. The American Flag is the most iconic symbol of America and to express pride for The American Flag is to show pride in America itself. On page 7 paragraph 8 “Every afternoon, before we had a bowl of soup, we would hang MIke’s shirt on the wall of our cell and say the Pledge of Allegiance. I know that saying the Pledge of Allegiance may not seem the most important or meaningful part of our day now, but I can assure you that for those men in that stark prison cell, it was, indeed, the most important and meaningful event of our day”. John McCain shares with us that the most important part of their day was to say the Pledge of Allegiance.
Is the upholding of the American flag as a symbol of the United States more important than the freedom of speech provided by the First Amendment? Are there certain freedoms of expression that are not protected under the First Amendment and if so what qualifies as freedom of speech and expression and what does not? The Supreme Court case of Texas v. Johnson proves that the First Amendment and the freedom of speech are not limited to that of spoken and written word, but also extended to symbolic speech as well. Texas v. Johnson is a case in which the interpretation of the First Amendment rights is at the top of the argument. This case discusses the issue of flag burning as a desecration of national unity and that the flag of the United States should be protected under a law.
“I Pledge Allegiance to the flag of the United States of America and to the Republic for which it stands one Nation under God, indivisible, with liberty and justice for all.” As Americans, we say this to honor our state and because we are proud of what we as a citizen of America have done to make it the America that is today. Americans weren’t the only ones that helped; veterans were a big part of the success that made our country the America that I believe in.
Stripes and stars forever, right? Well, what exactly does that mean? The American Flag can be seen almost anywhere. From the high-school, to the ball park, and even in our homes, the American flag stands as a symbol of all that is good and true in America. 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, Gregory Lee 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. 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.
Much history came within the Texas v. Johnson case. It all started during the 1984 Republican National Convention, this is where Johnson participated in a political demonstration to protest what policies Regan was administrating (Brennan 1). A march was occurring throughout the city streets, which Johnson did take part in. Johnson burned an American flag while protesters chanted him on (Brennan 1). No person was specifically injured during this protest; although, many witnesses were severely offended (Brennan 1). Johnson was convicted of Desecration of a venerated object, which violated the Texas Statue. The state court of appeals affirmed Texas Court of Criminal Appeals and reversed the case stating it was a form of expressive conduct, so it was alright (Brennan 1). In a 5 to 4 decision the Supreme Court came to the conclusion that Johnson’s burning of the flag was protected under his First Amendment rights (Brennan 1). The court also found that although witnesses may have found it offensive, does not...
Have you ever heard the saying, "Don't judge a book by it's cover"? There are many things that look very unpleasing on the outside but actually have a meaning bigger than just our lives. Something that has a special meaning to me is the American Flag. Imagine a dirty, old flag that is still standing after a war that many soldiers have lost their life for. Thinking about that gives the flag a bigger meaning than just old cloth. The flag stands for all of Americans loyalty to their country. It also represents the hardships our country has overcome over many decades. The American Flag stands for everybody that has fought and died for our country. One of the biggest things the flag stands for is the loyalty of our people.
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
Some people see the American flag as patriotism. These people are the ones who have their flags out all year around. The ones who always have them flying high. Some of these people even have American flags hanging off their cars. To some people the American flag is their son or daughter who they have lost either in the line of duty in the military, on the police force, or even the fire department. Although its sad but true some Americans have no patriotism and could care less what happens around them. These people will only care if it affects them in a harmful way.
The American flag is a cherished and respected symbol of our country. And because it is so honored, it had a lot of rules and regulations that even though they don't have consequences, should be respected and followed. Some really important rules and flag care are: The flag should never be dipped to any person or thing, unless it is the ensign responding to a salute from a ship of a foreign nation. The flag should never be displayed with the starred blue union in the Canton down, except as a signal of distress in instances of extreme danger to life or property. The flag should not be used as clothing, covering a speaker's desk, draping a platform, or for any decoration except that a flag patch may be used on the uniform of military personnel, firefighters, police officers, and members of patriotic organizations. The flag should never be used for any advertising purpose or anything intended to be discarded after temporary use. Advertising signs should not be attached to the staff. The flag should never have any mark, insignia, letter, word, number, figure, or drawing of any kind placed on or attached to it. The flag should never be stepped on. In a parade, the flag should not be draped over the hood, top, sides, or back of a vehicle, railroad train, or boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender. When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms and should be stored folded neatly and ceremoniously. If the flag is being used at a public or private estate, it should not be hung (unless at half-staff or when an all-weather flag is displayed) during rain or violent weather...
Your First Amendment rights are extremely close to being violated by none other than the United States Congress. I refer to the Flag Desecration Bill that, if passed, would do irreparable damage to our right to free speech and undermine the very priniciples for which the American flag stands. Fortunately, West Virginians have an ally in Sen. Robert C. Byrd. Sen. Byrd, who previously favored the bill, now fights to protect our rights by stopping the passage of this bill. I applaud his stand and want to reinforce his position. I also encourage you to join Sen. Byrd's campaign to ensure the legacy and supremacy of the greatest law in the land: the United States Constitution.
Flag burning is not right, but making it illegal takes away from the freedom of speech which turns it more into a religion than a symbol according to Mr. Levendosky. “In the following viewpoint, Levendosky argues that burning the American flag is a form of political
There are only two reasons that someone would want to burn a flag. One reason is out of respect (People before lawyers org.). When a flag is old, and worn out it is never supposed to just be thrown away. Because of that, there are things called flag burning ceremonies. At these ceremonies people from a local church or legion will retire the flag. Retiring a flag entails quite a bit. First, there need to be a large enough fire to completely burn the flag. Then, the flag needs to be folded into the traditional triangle form. After this, the flag is placed in the fire. Lastly, as the ashes are being brought out of the fire, the audience is to say the pledge of allegiance, and the ashes are then buried.(VA Veterans) On the other hand, someone may want to burn a flag as a way to protest.(People before lawyers org.). For example aamir from my story. He was very insulted at the fact that some movie mad his god seem less than what he thought of him. so he thinks to himself, “How can i get back at the american who made this movie?” so, he then decides to burn an American flag.
It can offend the public. It could be burning an America flag, wearing anti-war materiel, or even protesting at dead soldier’s funeral. One of the most controversial cases involving freedom of expression is Texas v. Johnson. The case brought up many difficult questions about political speech, and how far someone can go until it is considered to be “obscene”. Flag burning is a horrible act. It is offensive, not only to the Nation, but also to the many soldiers who died protecting what it stands for. Freedom. But what would that flag really stand for if Johnson could not freely exercise his right to express his political frustration? Charles Levendosky explained the court’s opinion, “The Supreme Court is nearly unanimous in accepting that flag burning in certain contexts expresses a message of dissent. Justice William Brennan who wrote for the majority in Texas vs. Johnson, stated, "If there is a bedrock of principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." (2002).” Even though the act is un-honorable and distasteful, it is comforting to know that American’s have the right to freely express political platforms without fear of the government. Like the Johnson case, the notorious Westboro Baptist Church protests the government in a distasteful manner at soldier’s funerals. The Westboro Baptist