The Importance Of Flag Desecration

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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

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