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does the first amendment protect flag burning
does the first amendment protect flag burning
first amendment flag burning
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First, let’s start with the basics. What is flag burning? Easy enough, it’s burning a flag. Branching off of that there is also flag desecration, which is basically abusing a flag in public. Some people may be completely oblivious to the fact that others even burn flags.
There are only two reasons that someone would want to burn a flag. One reason is out of respect (People before lawyers org.). When a flag is old, and worn out it is never supposed to just be thrown away. Because of that, there are things called flag burning ceremonies. At these ceremonies people from a local church or legion will retire the flag. Retiring a flag entails quite a bit. First, there need to be a large enough fire to completely burn the flag. Then, the flag needs to be folded into the traditional triangle form. After this, the flag is placed in the fire. Lastly, as the ashes are being brought out of the fire, the audience is to say the pledge of allegiance, and the ashes are then buried.(VA Veterans) On the other hand, someone may want to burn a flag as a way to protest.(People before lawyers org.). For example aamir from my story. He was very insulted at the fact that some movie mad his god seem less than what he thought of him. so he thinks to himself, “How can i get back at the american who made this movie?” so, he then decides to burn an American flag.
Now about some flag burning laws all around the world. In Australia it is perfectly legal to burn a flag. Theres even a group in australia that sells flag burning kits (Flag burning debate)! Now lets mosey on to the complete other side of the spectrum. In Germany flag burning is highly illegal. It is punishable up to one years in prison. Hong Kong shares laws related to Germany’s because they belie...
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...eterans it is important to remember our sons and daughters who returned home wrapped in the folds of old glory. Let’s make sure their memory is consecrated, not desecrated, by protecting our most treasured national symbol.”(http://www.prnewswire.com).
This shows that most people in the U.S would like a law the protects their flag. However, there is that other seventeen percent. These are the people that believe that is is their patriotic duty to burn the American flag. What they really mean by this is that they believe rising up against the government when needed, is the right thing to do. If burning the flag is what is going to get the point across, they will do it.
“Flag Burning is a patriotic act done by people who care deeply enough about our freedoms to challenge the government when it becomes a threat to the people. Patriots who love America burn flags.”
In Johnny Cash’s song, The Ragged Old Flag it says, “In her own good land here she’s been abused. She’s been burned, dishonored, denied and refused.” To me this means that people have stopped honoring all that it stands for. The flag stands for all of the battles and sacrifices the United States has had to make to get it to where it is today. People
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
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
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.
burn the flag is in fact an act of patriotism (Paul, 2003). Patriotism is defined as the love of
That flag represented your mother and father, your sister and brother, your friends, neighbors, and everyone at home. I wonder what they would say if someone asked them permission to burn the American flag?
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 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. Some of these protestors may even love the flag as much as those who are for banning flag burning, but the burners want to emphasize the seriousness of their complaint. The act of burning a flag may be the people's way of telling the government that it is co...
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...
In previous paragraphs I have talked about proper ways to respect the flag and, one other way is to properly dispose of it. They can be cleaned and mended. When they get to the point where they are too worn to be displayed they need to be destroyed respectfully like being burned. When burning you should first fold the flag and then carefully place it on the fire. There is also a punishment for desecrating the American flag in which you could be fined, go to jail for a year, or even both. Some of these actions include defacing, mutilating, and trampling upon any American
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.
Former Senator Robert Winthrop said, “So when you see the flag, I just hope you remember the blood, sweat, and tears that men have gone through to keep our country free.”
“It isn't against the law to burn a cross or any other religious symbol—yet it would be against the law to burn a flag, if these flag amendment folks have their way” (Levendosky). If you are allowed to buy a cross and go home and burn it why should you be held to a law that is the same as that. Making a flag more than what it should be is what is making the argument such a big deal. “Chief Justice William Rehnquist, in a dissent fifteen years ago, when the Court refused to hold flag burning a crime, wrote that "the true nature of the state's interest in this case is not only one of preserving 'the physical integrity of the flag' but also one of preserving the flag as an important symbol of nationhood and unity. . . . It is the character not the cloth of the flag that the states seek to protect" (Garbus). This quote represents taking this case too far. This case should be held between a couple of people in the government, but they should have a vote that declares what's what. And if people don’t like what happens then you can keep it to
The people who are against flag burning seem to generally be those who have served this country through war and through other such ways. They are older people who believe that this country is quite wonderful if not almost perfect. They have a strong sense of patriotism to this country and would die for what it stands for: liberty and freedom. They could compare it to the burning of crosses in front of a church or to the way the Nazis turned a very beautiful symbol into a racial and religious hate badge for murderers. Disrespect for tradition is what it boils down to. From a young age we are conditioned to blindly respect that flag hanging from a pole and to pledge out allegiance to it without even knowing what it truly is. It has been tradition for at least three generations. People who have been prisoners of war or people who fought for this country have a reason to respect it so much. The have fought long and hard for what we have and respect it. Some of our generation doesn’t realize how lucky we have it.