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Is flag burning free speech
What does our american flag stand for
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The American flag is an astounding symbolism that represents America’s freedom. The red stripes on the flag represents hardiness and valour, the blue represents vigilance, perseverance, and justice, lastly the white represents purity and innocence. However, the flag that symbolizes freedom and represents the United States, it is also the flag that can divide the nation apart. In America, one of the most controversial act of freedom is burning the American flag. This arises the debate whether a law should amend the Constitution or not. However, the Constitution, itself, states that it is not an malice act if a person burns the American flag. Thus, the Constitution should not be amended to prohibit the physical desecration of the flag because …show more content…
Burning the flag is a symbol of despising the United States. In a dissenting opinion by Rehnquist, he writes, “ The American, then, throughout more than 200 years of our history, has come to be the visible symbol embodying our Nation” (Source E). Rehnquist shows great respect in the American flag because it has been in America’s history for so long. He makes his point by defending that the flag symbolizes the United States. In Todd Lindberg’s editorial, he states, “ On the other hand, the flag is not the freedom itself but it is the symbol” (Source I). Nevertheless, Todd Lindberg also claims, “ First, the flag is the flag; the only reason to accord its special status that it is, in fact the singular national symbol” (Source I). The American flag is just special because it is the national symbol, but if it did not have that title it is just an ordinary piece of cloth. No one would care if that cloth was burned because it does not have any special meaning. Also, the editorial from Los Angeles Times claims, “There has been no epidemic of flag-burning since the Supreme Court ruled in 1989 that destruction of Old Glory as a protest was symbolic speech protected by the 1st Amendment has” (Source F). Therefore, the people’s fear of flag desecration is proven to be false. Ultimately, the Constitution should remain as the way it is. The First Amendment protects the freedom of speech, and if that right is taken away, many people would be furious. Even if the American flag represents the nation, burning the flag is also a way one expresses their freedom of speech. Therefore, Constitution should not be amended to protect the flags, because it will lead to hypocrisy in protecting the people’s
At the 1984 Republican National Convention in Dallas, Texas, Johnson decided to burn an American flag in protest of some policies made by the Reagan administration and some Dallas corporations that he did not agree with. Noone sustained physical injury or was even threatened with physical injury, but many were offended by the jesture made by Johnson. The Texas penal code forbids the desecration of a venerated object.
Free speech and the First Amendment rights do not give people lisence to desecrate a symbol of pride and freedom. It is not all right to protect those who let it burn, lighting up the sky with their hatred. It definitely is not acceptable to insult the men and women who fight every day to protect this nation by burning the symbol of their labors. Therefore, it is crucial that the Supreme Court pass the amendment to the Constitution to protect the flag of the US.
The Supreme Court, 490 U.S. 397 (1989), Justice Brennan, held that: the defendant 's act of burning the American flag during a demonstration march was considered expressive conduct and was within the protection of the First Amendment, and the State could not justify the prosecution of the defendant based on the interest to preserve the American flag as a symbol of
After ruling the case in Johnson’s favor, it made it difficult to make a law banning the act of flag burning. Laws would be suggested and one would make it to the supreme court. The law would make flag burning a national offense punishable by law. Unfortunately the same majority decision as in the Texas v. Johnson case would arise as a five-to-four majority agreed once again that the law would abridge the right to freedom of speech. Seeing as the same judges presided over the case, the same defense was used to justify their ruling on the law. It was unconstitutional to abridge speech and by their ruling in Texas v. Johnson, the majority still viewed flag burning as a form of symbolic speech. Not only did the ruling in Texas v. Johnson hinder immediate lawmaking against flag burning, but it also divided a nation for a time. Johnson burned the flag, so he says, as an act against the Reagan administration. If this was so as he claimed that divided the nation, not only against him but against the supreme court. You have the protestors during the time who agreed with Johnson, the patriots against Johnson, and those left confused about what was right and wrong. No one side was right, yet no one side was wrong in their eyes. Johnson’s act was crude and even to those who agreed with his right to freedom of speech, they didn’t view his act as unpunishable. The case made the nation doubt itself and its
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.
To the Majority Opinion it’s a flag of our nation but to the Dissenting opinion its means more than just a flag. It means “White signifies purity and innocence, Red, hardiness & velour, and Blue, the color of the Chief (the broad band above the stripes) signifies vigilance, perseverance & justice." In this case the Dissenting opinion gave reasons why flag burning should be banned. Eventually Congress passed the Flag Protection Act of 1989. The Act banned flag burning regardless of whether the person burning the flag intended to cause offense to
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...
Freedom of speech and expression is a right given to all Americans under the First Amendment of the Constitution. It is a difficult concept to embrace when individuals are faced with ideas they oppose. In this kind of situation, the protection guaranteed to American citizens becomes even more important. The First Amendment was designed not only to protect the freedom to express ideas and sentiments with which one agrees, but also the ideas and sentiments with which one disagrees. It is for precisely this reason that the government should maintain the right of individuals to express their dissatisfaction with the policies of the government through the act of flag burning and not amend the Constitution to make such an act illegal.
Can an individual be prosecuted for openly burning the American flag in a political protest? Gregory Johnson did this in a political protest outside Dallas City Hall. He was then tried and convicted of desecrating a venerated object under a Texas law (Penal Code 42.09), which states that "a person commits an offense if he intentionally or knowingly desecrates a state or national flag" (317). The question of whether this Texas law is in violation of the First Amendment, which "holds that Congress shall make no law... abridging the freedom of speech" (316), was brought before the United States Supreme Court in Texas v. Johnson (1989). A divided court ruled 5 to 4 that the Texas law was in violation of the First Amendment. Using the same Constitution, precedents, and legal standards, the Supreme Court justices came to two drastically different positions regarding the constitutionality of prohibiting flag burning. To see how such a division is possible, we are going to compare and contrast both the arguments and the methods of argumentation used by both the majority opinion (written by Associate Justice Brennan) and the dissenting opinion (written by Chief Justice Rehnquist), which critiques the majority opinion.
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.
The Confederate flag was used symbolically during the Civil War. To southerner’s, the flag represented a source of southern pride as well as a way of remembering the fallen Confederates. As the Civil War proceeded, the meaning of the flag began to change. Currently, the flag is being used as a symbol for racism. Due to this change in meaning, controversy over the flag has been exponentially growing. Although many would argue the original meaning behind the flag and that it is a symbol of historical culture that should not be forgotten, the flag should be banned due to its representation of racism and the seceding of the states.
The dissenting opinion to the previous idea is that the government's legitimate interest in preserving the symbolic value of the flag is, however, essentially the same that may have motivated a particular act of flag burning. The flag uniquely symbolizes the ideas of liberty, equality, and tolerance -- ideas that Americans have passionately defended and debated throughout our history. The flag embodies the spirit of our national commitment to those ideals. To the world, the flag is our promise that we will continue to strive for these ideals. To us, the flag is a reminder both that the struggle for li...
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 Importance of Freedom Exposed in Anthem & nbsp; In the novel Anthem, Ayn Rand writes about the future of the dark ages. Anthem takes place in a technologically backwards totalitarian society, where mankind is born in the home of the infants and dies in the home of the useless. Just imagine, being born into a life of slavery, having no freedom, no way of self expression, no ego. The city represents slavery. When in the city, Equality was guilty of many transgressions.
The American Ideological Consensus is that “…the American people have shared much of the same ideals, the same basic principles, and the same patterns of belief” (McClenaghan 104). When America filled itself with ideologically homogenous people, their beliefs started to define our nation and became American identities. If asked what they think of America, peoples of other nations would say that the roads are made of glass, opportunity is in the air, and civil rights are plentiful. These accounts maybe accentuated; however, the underlying message is that the American people have more freedoms then the peoples of other nations do. The most widely known American identity is freedom, and even though that American identity has been tried and tested throughout much of its history, it can still be said that America is a land of liberty.