The most frequent being in protest of the government and their political or foreign decisions. Many people are very offended by burning America’s “national symbol” and view the act as “un-patriotic” and extremely disrespectfu8l towards the nation, its history and heritage. Many Americans believed that flag burning and desecration should be criminalized. However, other citizens believe that flag desecration is protected under the constitution and should be legal. It is argued that because flag burning can be viewed as expressive or symbolic speech, it falls under the First Amendment’s freedom of speech, and therefore cannot be criminalized.
The constitution should not be amended to protect the flag because it would be a violation to our first amendment: our right to free speech. In Dianne Feinstein’s article, “Flag Amendment: Flag Needs Protection,” she composed an argument as to why the flag needs protection from desecration. Feinstein’s main point of her article is that the Constitution needs to be amended to protect the flag from desecration. Though Dianne Feinstein gives a compelling argument as to why the flag needs protection, her reasons are dubious and should be dismissed... ... middle of paper ... ...stein suggests and advocates for, then that would be a violation of our first amendment. That in itself is unconstitutional and cannot be done.
If the government is to mandate protection of flag, criminalizing any nature of disfiguration of the flag, it will be trampling on civil liberties as we know. The Flag stands for freedom and the freedom is imposed is for it to be burned when strictures against liberty and democracy is shown by the government. The questions for americans ponder: Is burning the flag necessary? Should it be illegal just because I do not like. Many believe that flag burning does not fit within “typical”american ideals.
These types of decisions cannot be solved with an "originalist" view, because the Constitution did not have the foresight to deal with such issues. In this same manner Justice Douglas implements penumbras to arrive at a general right of privacy that is not explicitly written into the Constitution. These penumbras are all valid within the spirit of the Constitution and does not go against anything specifically forbidden in the document. Thus, the justification of Justice Douglas to create a zone of privacy is legitimate and the old archaic Griswald laws is forever vanquished into the history books. Justice Douglas writes; "Various guarantees create zones of privacy.
Flag burners commit a morally unjust and hateful crime by desecrating the American flag. They are the first to hid behind the first amendment (Freedom of Speech). For people to say they have the right to burn the American flag, sighting their first amendment rights, they have some kind of warped sense of expression. If people continue to desecrate the American flag, it will lose its significance and value. From 1968 to 1989, politicians and true red blooded Americans understood how important it was to respect the American flag.
Desecration of the Flag Should be Prohibited Is it necessary to allow all forms of protest to protect the right of citizens to express grievances against their government? It is not a violation of free speech to outlaw burning of the flag because it is not speech. It will not lead to the limiting of other avenues of protest, of which many are more expressive of specific problems. All attempts to protect the flag short of a Constitutional amendment have failed in the end. A change to the constitution to prohibit the desecration of the U.S. flag is a necessary step to protect one of our most sacred national symbols.
To burn such a symbol demonstrates disloyalty and hate towards the Nation. Many Americans feel the burning or otherwise desecration of the American flag should be made illegal, this is completely understandable. Irrespective of its disrespectful intent, the citizen’s right to desecrate the American flag should be protected, in doing so, the US Constitution is protected, patriotic versus nationalistic values are balanced, and citizens preserve their ultimate freedom to protest their government. Protecting the citizen’s right to desecrate the American flag, safeguards the US Constitution. The American flag is no doubt a venerated symbol of the US.
Americans should not be forced to sacrifice what our country is proud of, including democracy and freedom of expression. In the case of the University of California San Diego (UCSD) administration banning the link to the terrorist website, the USA Patriot Act was interpreted incorrectly. Their decision to ban the hyperlink was a violation of freedom of speech. A link to a website should not be seen as communications equipment. Americans, obviously, have a right to be concerned about terrorists.
The freedom to differ is of extreme importance in this case, which can be seen as one reviews the reasoning for committing such an act and what it might mean beyond the desecration of a revered national symbol. The burning of an American flag is not necessarily anti-American or unpatriotic. Sometimes, the greatness and majesty of the flag is better portrayed in the powerful political and societal statement of destroying it. This act can convey the feeling of the American people that their government is not the body it should be or that it is not doing the will of the people. This is probably one of the most emotional actions they can take to get the government's attention.
It does not make sense to burn something that stands for freedom when the people who fig... ... middle of paper ... ...n for knowingly mutilating, defacing, physically defiling, maintaining on the floor or trampling upon any flag of the United States,” (The Flag Code) but was eventually denied to become a law. The First Amendment should not protect burning a respected object such as the American flag. By burning the flag, you are basically contradicting your expression. Why would you be burning a symbol of freedom and then insist that it is your right to burn your freedom. It does not make any sense to burn a well know symbol of freedom and then say that it is your right to burn it.