Freedom of Speech: To Kneel or Not to Kneel?
Symbolic Speech: Whether 'tis Nobler to Ignore the First Amendment
Introduction The "inspiration" for my topic came from our first assignment, the MTU Constitutional Essay Contest, and the NFL kneeling/National Anthem controversy. The extent of the public outcry and the divisiveness it has caused baffles. Kneeling during the playing of The National Anthem at widely viewed sporting events seems like a perfect and peaceful way to bring attention to a societal problem. It is freedom of symbolic speech at its finest. And it is nothing new. Americans have been engaging in symbolic political speech since before we even had a Constitution to protect it. Colonists threw tea in the Boston
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I actually used two queries for the 9/11 analysis.
QUERY ONE:
Step 1: "Freedom of Speech" and "flag-burning" (English Only) = 448.
Step 2: Narrowed to articles in the United States = 63.
Step 3: Those written after 9/11/2001 = 46
Step 4: After reviewing the titles and abstracts, refined to = 29 I experimented with several different sequencing of search logic. At first I used "symbolic speech" instead of "flag-burning," but the results were too large for the purposes of this paper. The search logic above worked best for the limits of this paper.
QUERY TWO:
Step 1: "Freedom of Speech" (English Only) = 306134
Step 2: Narrowed to articles in the United States = 32986
Step 3: Those written after 9/11/2001 = 26503
Findings In Query One, of the 448 English language articles that included both "Freedom of Speech" and "flag-burning," sixty-three of them were located in the United States. Of those articles, forty-six were written after 9/11 representing 73%. In the even broader sample of Query Two, 80% of the articles were written post-9/11. After reviewing titles and abstracts of Query One, an additional seventeen articles were eliminated leaving twenty-nine for analysis. Of the twenty-nine articles, not surprisingly over 40% were law review articles.
Discussion/Conclusion Whether burning or bedazzling it, we use the flag as a means of symbolic speech. There is no question that there has been an increase in displaying the flag
“The [American] flag uniquely symbolizes the ideas of liberty, equality and tolerance - ideas that Americans have passionately defended and debated throughout our history. Thus, the Government…should protect the symbolic values of the flag” wrote Justice John Paul Stevens in the Texas v. Johnson (1989) Supreme Court Case (History of Flag Burning). Justice Antonin Scalia agreed, “If it were up to me, I would put in jail every…wierdo who burns the American flag” 9. However these Justices may have felt personally, this was not the result of the vote. In 1989, the Supreme Court defended flag burning as part of the First Amendment freedom of expression.
In 1969, the Supreme Court of the United States (U.S. Supreme Court) put forth rules allowing the burning of the flag to be protected under the First Amendment. The U. S. Supreme Court first ruled on flag discretion in 1907 in the Halter v. Nebraska case. Prior to this ruling flag discretion statues strictly prohibited the burning of the American flag , as well as, disrespecting the flag in any way shape or form. In 1968, Congress reacted to the burning of the American flag in New York during a protest against the Vietnam War by passing the Federal Flag Desecration Law. In a few court cases it has been declared that burning the American flag is only illegal if the flag has been stolen. When a flag is worn/torn the proper way of disposing of the flag is to burn it; however, when disposing of a flag by burning it there are steps that should be followed in order to do so honorably. The flag should be folded in its customary manner and then placed on a fire that is fairly large with sufficient intensity to ensure complete burning of the flag. After placing the flag on the fire all individuals should come to attention, salute the flag while reciting the Pledge of Allegiance and observing a brief moment of silence. Once the flag has been completely consumed the fire should be safely extinguished and the ashes should be buried. Congress has made seven attempts to overrule the Supreme Court decision regarding the burning of the American flag by passing a constitutional amendment that had an exception to the First Amendment and allowed the government to ban flag desecration. (Thelawdictionary.org,
Kneeling during the national anthem is not just wrong it is also disrespectful to the multitudes in our country who have served or or presently serving this great nation-- the United States of America. The national anthem represents many things. One of them is the fortitude of our country’s flag. In the anthem it declares that the United States of America is “the land of the free and the home of the brave.” The flag represents the very core and essence of our nation as the only land on the continent that offers its citizens the freedoms it has at the price paid for ultimately by the brave. It is in no way oppressive nor racist. It is the theme song for every American. The intended audience of this paper is an appeal to all Americans. The quarterback of the 49ers football team, Colin Kaepernick, first began a protest to draw attention to a series of incidents against African Americans by remaining seated during the national anthem, “the Star Spangled Banner.” After the great stir Kaepernick caused in the media during September 2016, Kaepernick switched up his protest by taking a knee as a nod or gesture of showing more respect to current and former military after receiving an in-depth letter from Nate Boyer a former NFL player and US military veteran. Boyer served our country as a Green Beret. Over a decade ago, Boyer witnessed genocide while working in Sudan. He met numerous African men who were smitten with America and longed to have the
One of the most important cases in the history of the United States, especially for the freedom of American speech and expression, was Texas v. Johnson. This landmark Supreme Court case allows burning the American flag as grounds of symbolic speech. For the Supreme Court, the question was the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? During the Reagan administration, many were upset due to Reagan’s policies, especially his military buildups and his missile reforms. During the Reagan administration, many protests took place, including arm bands to protest military, and sign waving to protest Reagan’s tax cuts that “favored the wealthy”. When the Republican National
“American Flag Stands for Tolerance”, an article based on the Johnson case, focuses on “a person has a right to express disagreement with governmental policies”(line2). The author of this article focused on the meaning of freedom. In line 65, the author states, “the flag stands for free expression of ideas...The ultimate irony would have been to punish views expressed by burning the flag that stands for the right to those expressions”, meaning it would be pointless to punish those who petulantly burned the flag as an expression of their thoughts, when they have the freedom to express their
Symbolic speech can be expressed in many different kinds of forms. The speech can be spoken, written, or be an action. All of these kinds of conduct could be said to express ideas in some ways, however, only some conduct is protected as symbolic speech. When the court analyzes these types of cases, they will ask the speaker about whether they intended on conveying a particular message and whether it was likely that the audience understood the message and the
The Anthem Protests, and Some Football Game We face a situation in the sports world, specifically the NFL, where the games themselves are no longer the most important events happening. No longer are the touchdowns the headline grabbers this season; the controversy surrounding the national anthem has swept the nation and left it divided. The problem has become so out of control that the President of the United States of America has even left his thoughts on the topic. The NFL must fix the problem on their hands. The league is headed towards a civil war as well as total division.
Who’s Boo? Is He A Monster? In the killing a mocking bird they talked about a man name Boo Radley. Now you’re probably thinking who the heack is Boo Radley.
In 2017 controversy struck when the NFL tried “taking a stance” and protesting the National Anthem. In this protest, many NFL players one by one knelt down while the National Anthem played at their sporting event. The National Anthem is a song for our country and symbol to represent all of the men and women who have fought in our military. This song is not played just for our entertainment, it is to honor the flag and what it stands for. The protesting was started by Colin Kaepernick, last season, when he was the quarterback for the San Francisco 49ers. He was the first player to take a knee during the playing of the National Anthem, now many other NFL players this season are following in his path and doing the same thing. Many players and viewers claim it is for police brutality and the injustice that is being served, while other viewers see it as entitled millionaires disrespecting the flag and the military. Everyone has different opinions on the issue, but no matter what the country needs to respect one another as humans and be united; the American Flag is a symbol of our freedom and the NFL needs to recognize the National Anthem rather than kneeling and disrespecting what it stands for.
1. The measure of a great society is the ability of its citizens to tolerate the viewpoints of those with whom they disagree. As Voltaire once said, “I may disagree with what you have to say, but I will defend to the death your right to say it” (Columbia). This right to express one's opinion can be characterized as “freedom of speech.” The concept of “freedom of speech” is a Constitutional right in the United States, guaranteed under the First Amendment to the Constitution:
In 1989 the United States Supreme Court ruled that burning the American flag was a form of symbolic speech and therefore was protected by the United States Constitution. What would happen if they took away the right of freedom of speech? How would people express their feelings and emotions towards the government? Many people would feel as though the government was attacking the basis of one of our nation's strongest beliefs. Many would argue over this situation. Protestors would raise all sorts of questions. What is a free nation that does not allow political disagreement? What is a free nation that will not allow itself to be spoken out against? What is a free nation that wants to punish those who oppose its hypocritical principals?
I still think Prospect Avenue, is the best firehouse in the job. When the three companies rolled together, I was part of an unbeatable team whose tradition was written on an old, worn sheet hanging from a tired wall-high on the apparatus floor. “BE PROUD,” read the demanding motto.
While definitions of journalism are varied, fluid, and constantly evolving to better reflect contemporary values and attitudes, a broad consensus that journalism should hold up a proverbial mirror and reflect society has endured. However, given journalism does not operate in a vacuum independent of society, but rather actively participates in, influences, and is influenced by, social, cultural, and hegemonic norms, this can seem like a paradoxical objective, especially when striving for pragmatic and unbiased reporting. Thus, Evans (2002, p.311) argues that, even when ostensibly challenging hegemonic structures and cultural archetypes, major media organisations are impeded precisely because they are confined to operate within this system. He
This year’s election alone has brought about many emotions and deep rooted feelings that have not come out in years. Hate speech and actions carried out because of hate speech has cause a deep division in American culture. Groups like “Black Lives Matter”, “All Lives Matter”, and “Alt-Right” are all under fire for things that have been said or done in the names of these groups. There has been terrorist attacks in the names of religious groups whom believe that a newspaper or group has insulted their religion, beliefs, and gods. Not to mention our own President Elect of the United States, Donald Trump, has been accused of fueling much of the hate speech we see today. This begs the question, should freedom of speech have any restrictions or be limited in any way, or is that unconstitutional? To look at this we must first identify what “Freedom of Speech” is as defined in the constitution and how it relates to current issues in the world and in America, then I will talk about some situations where regulation is already put in place in America, lastly we will look at some situations where I believe freedom of speech could use some clarification or restriction.
Symbolic speech is a type of speech used to express one’s ideas. The notion of symbolic speech is protected in the United States constitution which evidently says: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press...” (U. S. Constitution). The freedom of speech represents one of the most vital amendments in the United States Constitution and carries its involvement regularly. The several varieties of speech that is protected in the Constitution affects each individual and one’s privileges, but this first amendment