The issue over prohibiting flag desecration has been around since the court case of Texas vs. Johnson in 1989. Gregory Johnson burned a flag outside of the 1984 Republican National Convention in Dallas, Texas to protest the policies of President Ronald Regan. A Texas court tried and convicted Johnson, but he claimed that the conviction violated his first amendment right of “symbolic speech”. Since this overturning states have not been able to legally convict those who publically desecrate the flag, even though many states would support an amendment allowing them to do so. The Flag Protection Amendment, should state that “Congress or State Legislature shall have the power to prohibit the physical desecration of the Flag of the United States, …show more content…
Intentional infliction of mental distress on others is routinely punished by the law of torts, and up until 1989 the desecration of the flag has been punished by criminal law (Presser). I also feel strongly that with the passing of this amendment there would be less conflict between different social and racial groups. I say this, because, as part of the younger generation I see the conflict that stirs on social media dealing directly with the act of stomping or burning the American flag. Witnessing or viewing the act of flag desecration blatantly disrespects everything the nation stands for such as freedom, liberty, and independence, and those who fight for those things to keep us all safe. I can only imagine the great distress that people who have lost loved ones in times of war feel when they see the flag …show more content…
Senate Majority Leader, who stated in 2006, that desecration of the flag was an act of physical assault that did not take away freedom of speech, because it provided nothing constructive. Diane Feinstein (D-CA) who is also for the passing of the amendment states that “Securing protection for this powerful symbol of America would be an important, but limited, change to the constitution. It is a change that would leave both the flag and free speech safe” (“Would amend the U.S. Constitution…”, 2008). In agreement with both of these statements, it is also important to note that freedom of speech will not be well maintained without a sense of community which is what this amendment would provide, therefore proving the ruling in 1989 wrong. Those who disagree with the ruling from the Texas vs. Johnson case also point out that the vote to overturn criminal action was a close one being 5-4. Although there are many people for the passing and protection of our flag, the debate does continue of whether or not it will conflict with the first amendment and the freedom of speech. John Glenn who is a former senator and astronaut stands with the 1989 ruling because he believes the freedom of expression is being used when someone desecrates the flag, and that in general it is “not a major problem” in the United States (“Would amending the U.S. Constitution…”, 2008). Despite
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.
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...
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.
...more overpowering and overwhelming than any general feeling of Southern pride. America has obtained a reputation to be an accepting and open minded country, welcoming all of any race, couture and religion. The Preamble states clearly that America will establish justice and insure domestic tranquility for all. Neither of these entities are accomplished in America as long as the Confederate flag remains raised. Our nation is furthermore divided by racism through a flag that is possibly being used as a degradation tool. This battle with racism has become far too large for American citizens and anything that is viewed as racist in such a manner as the Confederate flag is, should be censored from society, in only a helpful practice. A state flag should be capable of uniting its citizens, instead of dividing them. The Confederate flag should be lowered immediately.
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. Texas v. Johnson expanded the rights of symbolic speech and freedom of expression under the First Amendment and was presented as a precedence for future cases along with influencing the final decision on the revision 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.
Constitutional amendments from freedom of speech to flag burning.. 2nd ed. Detroit, Mich.: UXL, 2008. Print.
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...
Some have seen friends and family get tortured and murdered by their own government for daring to do things we take for granted every day. For those who risked everything simply for the chance to become an American....what kind of feelings do they have for the flag when they Pledge Allegiance the first time? Go to a naturalization ceremony and see for yourself, the tears of pride, the thanks, the love and respect of this nation, as they finally embrace the American flag as their own. Ask one of them if it would be OK to tear up the flag.
One may argue that banning the flag would deny free expression, but hanging the flag also says that racism is acceptable and the pain, suffering and cruelty endured by the African Americans has no importance. The color of a person’s skin should not be an issue, just like how religion and gender should not be an issue. The flag is a silent way of saying that one agrees with racism and the seceding of our country. Consequently, the flag should be banned. The controversy over the Confederate flag has been an issue for many years.
Flag Burning can be and usually is a very controversial issue. Many people are offended by the thought of destroying this country's symbol of liberty and freedom. During a political protest during the 1984 Republican Convention, Gregory Lee Johnson was arrested for burning an American flag. Years later in 1989, Johnson got the decision overturned by the United States Supreme Court. In the same year, the state of Texas passed the Flag Protection Act, which prohibited any form of desecration against the American flag. This act provoked many people to protest and burn flags anyway. Two protestors, Shawn Eichman and Mark Haggerty were charged with violating the law and arrested. Both Eichman and Haggerty appealed the decision because the law was inconsistent with the first amendment to the Constitution. The right to petition the government for a redress of grievances is protected by the first amendment of the Constitution. Burning American flags and other such actions are not treasonous and should no be treated as so, as long as these actions are done to petition the government for a redress of grievances.
There is much controversy surrounding the idea of patriotism and the iconography of the American flag in today’s society. Some believe patriotism is simply the act of supporting the decisions of the leaders of the country. Others say, to be patriotic, people should be outspoken and voice their oppositions to what is going on in the government. Opinions also differ on the idea of what the American flag represents. One opinion of the flags representation is that the flag represents our history, and the formerly mentioned idea of patriotism. Others believe the flag also represents our history as a nation, but these beliefs focus much more heavily on the negative aspects of our history; such as slavery and other injustices carried out by our nation. These people often believe we should find a new iconography for our country’s ideas of patriotism. As Barbara Kingsolver states in “And Our Flag Was Still There,” “Patriotism seems to be falling to whoever claims it loudest, and we’re left struggling to find a definition in a clamor of reaction” (Pg. 1). Therefore, every American’s duty is to define patriotism amongst the clamor of reaction, recapture the American flag’s representation, and create a new icon for the flag.
"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.