The Importance Of Flag Desecration

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,

The First Amendment 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; or the right of the people to peaceably assemble and to petition the government for a redress of grievances. This freedom of speech clause as included in the First Amendment guarantees the citizens of America to express information and ideas freely. But is all form of speech free? On the most basic level, this clause allows for the expression of an opinion or idea without the fear of censorship by the government. It protects all forms of communication, with limits so you cannot always say anything you want, wherever you want, or whenever you want. Fighting words are not protected under the First Amendment, for instance, as are obscene expressions.

The United States of America was found on freedom of speech and expression. In Ronald J. Allen´s editorial title American Flag Stands for Tolerance, he states¨It is, thus, no surprise that the 1st Amendment is where it is in the Bill of Rights, for it is first in importance.¨ The declaration of Independence was the original document that declared our freedom from the oppression of England´s crown, and in it the founding fathers stated that everyone deserves the freedom to express themselves in whatever way they seem fit, until it puts others in danger. If flag burning were to be exceptionized from the first amendment, we would be reversing the progress the founders of our nation fought for. To restrict someone from burning a flag, as long as they have the burning in control and are not trying to harm others, would be oppressing them.

Through the years of America, there have been multiple accounts of flag desecration. Flag desecration is a term that is used to describe a various set of acts that intentionally destroy, damage, or mutilate a flag in public, and in this case, the American flag. Citizen’s typically doing this treasonous act when they want to make a political point against their country or policies in the country or another country. Some of these actions include: burning it, urinating or defecating on it, defacing it with slogans, stepping upon it, damaging it with stones or guns, cutting or ripping it, verbally insulting it, or dragging it on the ground. A few countries have laws that forbid the methods or just uses of this

So why get rid of this flag? Being a nation that prohibits slavery in written law, some Americans who continue to believe the false rumor that the flag represents slavery and racism or are less educated with the history behind the flag and want to get rid of it. Our society has represented the Confederate flag in a disrespectful manner and needs to change that.

Currently in the US, burning the flag is legal, as per the Supreme Court Case Texas v Johnson. In their ruling, the Supreme Court stated that burning the flag was an exercise of the first amendment right to freedom of speech, and therefore could not be banned. This caused much controversy, and several attempts were made by the President and Congress to ban flag during, however, each attempt was overruled by the Supreme Court. Supporters of flag burning say it is a form of expression, and therefore shouldn 't be banned as it doesn 't bring harm or threaten harm to anyone. This that disagree say that since the Flag represents America and its ideals, burning it is a direct attack on all our country holds sacred. Despite the controversy, and attempts to outlaw it, burning the flag is still legal today throughout the country.

The burning or desecration of the American Flag may fall under both freedoms. 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, 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. As stated in Source D “Justice William Brennan wrote the 5-4 majority decision in holding that the defendant’s act of flag burning was protected speech under the First Amendment to the United States Constitution.” 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. Another court case, where the 5-4 majority ruled in favor of the defendant was United States v. Eichman in 1980, a year after the Johnson case. “In the case of United States v. Eichman, 496 U.S. 310 (1990), the law was struck down by the same five person majority of justices as in Texas v. Johnson, 491 U.S. 397 (1989).” [Source D] Multiple times in flag burning cases,

The war was the North against the South. They were fighting over state’s rights and whether or not the South should have them. The South preferred a non-federal government. Being run by the government means that they have no say in legislation, nor any privacy. The Confederate Flag was used to represent the South in this war and is a piece of vital history. Many places are banning the flag because it is considered to be racist by many people. I encountered an experience at the Sutherlin Mansion Museum in 2015 where I wanted to buy a Confederate Flag, but they couldn’t provide any because it was against the law. The cashier said that even if they did sell them, he would have to take me to the back where they were located because if on display, it may offend others. If I am at a Museum on the Civil War, this shouldn’t be offensive, or illegal. The flag is a piece of history. In the book “The Confederate Battle Flag: America's Most Embattled Emblem”, John M. Coski writes, “If we must eliminate all “reminders of slavery”, wrote another retired officer, “why not raze the James River plantations, delete all references to slavery in the history books, or ban Uncle Tom’s Cabin?”(277). People believe that the flag only symbolizes slavery and want the flag removed because they find it offensive. The flag is a big part of our country’s history and ancestry background. We have the right to believe what we want to believe, but shouldn’t

You may be asking yourself, what would possess a person to do any physical harm to one of our country's most sacred objects? Well, as we saw in the Johnson case, it was because of his disgust in the USA's policies. Some may not only be disrespectful to the flag, but also to the political leaders in our country. Some may just be moral less. Others may think that desecrating the American flag would be a good way to show his or her

The issue of flag desecration has been and continues to be a highly controversial issue; on the one side there are those who believe that the flag is a unique symbol for our nation which should be preserved at all costs, while on the other are those who believe that flag burning is a form of free speech and that any legislation designed to prevent this form of expression is contrary to the ideals of the First Amendment to our Constitution. Shawn Eichman, as well as the majority of the United States Supreme Court, is in the latter of these groups. Many citizens believe that the freedom of speech granted to them in the First Amendment means that they can express themselves in any manner they wish as long as their right of

“The US flag is a symbol of great pride” (Hills 2016). Ethan D. Hill from the University of Georgia states this, just as all Americans should know this. The American flag is a representation for the strength and power of this country and all that it has gone through. With that being said, not everyone sees the American flag in this way. Some take it upon themselves to show firsthand disrespect to the flag in desecrating it. Desecration is the act of burning something, in this case it is burning the flag that symbolizes the freedom of this great nation. It is obvious to most that this act should be illegal, seeing as there is no reason good enough to hurt the country in this way; however, some Americans believe otherwise.

Protesting is one of the many freedoms of being an American citizen. Although there are freedoms, I believe flag desecration shouldn’t be allowed as a form of protest. Flag desecration should not be allowed because it is very disrespectful toward our veterans and our country, and it shows how you abuse your rights and freedoms as a citizen. Veterans fight and die for the freedoms and rights that the people of the United States have which is why one should never disrespect an American veteran. Veterans fight for that flag everyday of their lives because war sticks with them forever.

Burning, of course, is the only way that a flag can be thrown out (in the trash). If you read the Constitution, nowhere does it talk about/say that burning the flag for any other reason, such as political disagreement, is illegal. The same goes for the Bill of Rights. In today's country-loving climate, there are people who want to see flag-burning prohibited by an (agreeing with, or related to, the Constitution) Change. But many people believe that burning the flag as an example of disagreement is covered by our First Amendment Freedom of Speech.

acceptable to have a "narrow, special amendment to protect a special flag from desecration." ("Consequences" 2). Even Thomas Jefferson and James Madison denounced flag burning as a crime (Brady H 2). Others feel that flag desecration disrespects those who lost their lives for our country, stating the flag symbolizes the blood that runs through our country. George Whalen, a soldier, said "the stars and stripes of our nations flag is the symbol of our nation's values... It represents loyalty patriotism and love of our country." ("citizens" 3). Those against flag desecration must remember that the men and women who fought and died for our country were fighting for justice, freedom, and independence, all of which give one the right to desecrate the flag. Yes, the flag represents these freedoms, but the

2. In its argument to make flag burning a criminal offence , Texas predict that burning the flag could bring peace and that the flag is not causing danger to anyone; if it were,no riot or take offence because the flag would be burned.