Argumentative Essay On Flag Burning

According to the American Civil Liberties Union (ACLU), an amendment banning flag burning would be “…injurious to one of the very freedoms the flag symbolizes: free speech.” They go on to state that such an amendment would allow Congress to engage in thought control, censoring opinions which conflict with other’s opinions. ACLU points out that flag burning is rare. They point to Professor Robert Justin Goldstein who has documented approximately 45 reported cases of flag burning since the American flag was embraced in 1777 up until 1989. The act in of itself according to Goldstein’s documentation is few and far between. According to ACLU, the Supreme Court has ruled that flag burning is symbolic speech, as protected under the First Amendment, multiple times. The following year after the court case of

Apel as a way to express her stances. As pointed out by Apel, “The word ‘desecration’ implies that the flag is sacred, and the government (separation of church and state) can't say that something is sacred.” According to Marsh, another issue arises. The government and state governments would have legal room to define “flag” how they choose. She uses the District of Columbia as an example: they describe the US flag in 4 USC Section 3, "... [to] publicly mutilate, deface, defile or defy, trample upon, or cast contempt, either by word or act, upon any such flag, standard, colors, or ensign, shall be deemed guilty of a misdemeanor" (qtd. in Marsh). As Marsh stated, it could be considered “casting contempt” by simply expressing dislike for the colors red, white, and blue. Marsh ends with stating that burning the American flag would not cause concern over national