Jun 29, 2006 a majority of americans support a constitutional amendment that would allow congress and state governments to pass laws to make it illegal to burn the americans flag. When i see someone burning a flag i get offended for different reasons. America is ruled by the people, not the government, and it is in fact our patriotic duty, at this juncture to assert that duty. Dec 06, 2016 ap photohasan jamaliprotesters are burning and trampling upon the american flag again. I have heard many people argue that flag burning is worse than book burning.
I am not too excited about this process, and certainly i am not very excited about this proposal to amend the constitution. While flag burning is highly offensive, it is none the less a means of expression and is protected by the constitution of. The flag desecration amendment often referred to as the flagburning amendment is an american proposed law, in the form of constitutional amendment to the bill of rights, that would allow the u. Flagburner fights back with federal lawsuit new lenox. Dec 22, 2019 the flag desecration amendment, also known as the flag burning amendment, is a very controversial amendment allowed under the constitution. Street fight breaks out over flag burning duration. The act of flag burning can be comparable to the burning of the cross by the ku klux klan. Speaker, this amendment will not even reach the majority of cases of flag burning. When the supreme court ruled to allow american flag burning. Burning or desecrating the flag in any way should be considered an offense to freedom and democracy and should therefore be considered a crime. Scuffles erupted at flag burning demo in brooklyn on wednesday between anti flag demonstrators and pro flag supporters. Trump fans in violent clashes with communists after american flag.
Experience shows that the way to fight political expression with which one disagrees is not to outlaw it, as congress has repeatedly sought to do, but to express disapproval. Republicans are much more likely than democrats to support an amendment banning flag burning. In 1989 a political fire storm erupted after the united states supreme court declared that dissidents had the constitutional right under the first amendment to burn the flag. Flag burning flag burning can be and usually is a very controversial issue. Many people are offended by the thought of destroying this countrys symbol of liberty and freedom. A history of flagburning and flag desecration laws in the u. The denial of the right to burn the flag is the assertion of the government to rule the people. Flagburner fights back with federal lawsuit new lenox, il photos depicting an urbana man burning an american flag stirred the wrath of the internet. The concept of flag desecration continues to provoke a heated debate over. Ap photohasan jamaliprotesters are burning and trampling upon the american flag again. The burning of the flag is an act that asserts the right of the people over the government. Lastly, and most importantly, flag burning is an act that could possibly cause. When we see flag burning on television, it is usually not american citizens, but foreigners who have strong objections to what we do overseas, burning the flag.
Apr 29, 2016 it should be noted that burning an american flag is protected as an expression of freedom of speech. We can imagine no more appropriate response to burning a flag than waving ones own, no better way to counter a flag burners message than by saluting the flag that burns, no surer means of preserving the dignity even of the flag that burned than by as. The great 1989 1990 american flag desecration controversy robert justin goldstein on. Flag burning causes intense clash between cops and commies at rnc2016 press for truth. Nov 29, 2016 the flag is a symbol, and burning it doesnt harm the united states any more than it hurts someone when you secretly flip them off over the phone. Flag desecration is the desecration of a flag, violation of flag protocol, or a various set of acts. The expressive act, burning a flag, which this amendment attempts to curtail, is exceedingly rare.
When i see an american burning an american flag i am more offended than when a foreigner burns a flag. For additional uptotheminute information, you might want to try yahoos coverage of the flag amendment. Flag burning constitution of united states of america 1789. This amendment states that the united states congress has to allow the expression of political views even if it is through the burning of the united states flag. In order to try to get around constitutional challenges, the law prohibited all types of flag desecration, with the exception of burning and burying a wornout flag. Cnn student news one story we brought you this week concerned a teacher who, as part of a class exercise, burned the american flag in a civics. Johnson appealed his conviction and his case eventually went to the supreme court.
Donald trump has tweeted that he wants to jail anyone who sets fire to the stars and stripes. Flag burner fights back with federal lawsuit new lenox, il photos depicting an urbana man burning an american flag stirred the wrath of the internet. A group of flagburning antinypd protesters needed new yorks finest to save their skin from a gang of angry bikers who tried to pummel them in a brooklyn park for setting old glory ablaze. The argument that flag burning is outside first amendment protection relies on the same argument that the government made in stevens that the supreme court can, and should, recognize a special new exception to the first amendment because burning the flag is so uniquely awful and represents such lowvalue speech. Five things to know about the case that made burning the. Some countries have laws forbidding methods of destruction such as burning in public or forbidding.
Freedom cannot survive if exceptions to the first amendment are made when someone in. While people have the right to protest and say what they want through words or actions, it is wrong to desecrate ones country by burning the flag because it is disrespectful to the ones who have fought for the country. Johnsons conviction for flag desecration is inconsistent with the first amendment. The second argument against flag burning is that there are many other ways for someone to express their dislike for the american democratic system than to burn one of its most sacred objects.
Burning the flag is akin to denouncing these values that are symbols of the country. Which is more offensive, book burning or flag burning. On the one hand are those who regard burning the american flag as a form of blasphemy a sin against civil religion in america tantamount a sin against an established church. Its a grand old flagheres why the right to burn it was affirmed in. Court ruling, opponents of flag burning continued to fight to prevent it. Johnson was tried and convicted under a texas law outlawing flag desecration. This amendment states that the united states congress has to allow the expression of political views even if. Professor robert justin goldstein documented approximately 45 reported incidents of flag burning in the over 200 years between 1777 when the flag was adopted, and 1989, when congress passed, and the supreme court rejected, the flag protection act.
Gauging from the last presidential election, americans equate a perceived inability to hold a flag with an inability to hold a gun. Flag burning is also counterproductive and provocative. As for my viewpoint, i see the amendment as very unnecessary and very dangerous. In reaction to the johnson decision, which only applied to the texas flagdesecration law, congress passed a national antiflag burning law called the flag protection act of 1989. The problem, then, with taking the position that the flag should be protected even at the expense of individual liberty is not that flag burning or any other activity deemed to be offensive has some sort of redeeming value, or that symbols such as the flag are unimportant, but that in banning these activities, one is accepting a principle that. Public support for constitutional amendment on flag burning. A group of protesters set fire to multiple american flags, resulting in a fight with onlookers. The court concluded that the flag burning was speech and again determined that the flag desecration statute was aimed at the communicative impact of johnsons message. Creating this shock of the burning of the american flag brought attention to the issues at hand for blacks in america. This soldiersdiesoprotesterscanburnflags slogan has become a mantra repeated everywhere. Apr 18, 2016 the truth is why should they respect a flag that symbolizes a country that allows and perpetuates their racial struggle.
The flag is designed to represent america and everything we stand for, fight for and represent. Jan 12, 2017 flag burner fights back with federal lawsuit new lenox, il photos depicting an urbana man burning an american flag stirred the wrath of the internet. Police were able to quickly put out the flames using a fire extinguisher. A majority of americans support a constitutional amendment that would allow congress and state governments to pass laws to make it illegal to burn the americans flag. Revolutionary communist party activists initiated a flag burning in front of white house. Johnson, the case that made burning the flag legal.
Flag burning causes intense clash between cops and commies. Nov 29, 2016 johnson, the case that made burning the flag legal. Five things to know about the case that made burning the flag. They believed its physical destruction posed a serious threat to the country and demanded a. Ron paul, md ron paul in the us house of representatives, june 3, 2003 mr. Flag burning or desecration american civil liberties union. Veteran prevents flag burning at independence day trump. Many american believe that flag desecration emerged initially during the vietnam war era, but the history of this caustic form of protest can be traced to the period leading up to the civil war. Black flags the rise of isis from the 1st page this book grips like a superbly written thriller by the likes of tom clancy but its all history and very real in our time, one of the most cinematic books ive read every page is well written and descriptive, a book of the moment and for time to come. Congress needs to fight fire with fire by responding to the symbolic act of burning old glory with symbolic action. Flag burning a persuasive essay 1044 words bartleby. Flag desecration is the desecration of a flag, violation of flag protocol, or a various set of acts that intentionally destroy, damage, or mutilate a flag in public. Soldiers dont fight so protesters can burn the flag they.
It should be noted that burning an american flag is protected as an expression of freedom of speech. In 1984, in front of the dallas city hall, gregory lee johnson burned an american flag as a means of protest against reagan administration policies. The truth is why should they respect a flag that symbolizes a country that allows and perpetuates their racial struggle. Flagburner fights back with federal lawsuit new lenox, il. Public support is lower for a constitutional amendment that would prohibit burning or desecrating the flag outright. Flag burning, or any other physical desecration of the american flag. Apr 18, 2007 gauging from the last presidential election, americans equate a perceived inability to hold a flag with an inability to hold a gun. A history of flagburning and flag desecration laws in the.
An american flag was set on fire as a protest against us president donald trumps salute to america military parade. Reasons to oppose the flag desecration amendment american. Because the first amendment was designed to protect political expression. Given the existence of alternative methods of expression that do not harm these ideals of national unity, the balance is in favour of the. Burning the flag will be of value to both an academic and a general audience, particularly to civil libertarians, flag buffs, and those interested in popular media, american politics, modern american history, and constitutional law. Yes it is perfectly legal to burn the american flag. To some, including president george bush and many members of congress, the flag was a sacred symbol of american freedoms.
Cole was one of the attorneys for the defendants in the case argued today. Jul 20, 2016 a flag burning protest turned chaotic outside quicken loans arena on wednesday afternoon as a total of 17 people were arrested and two officers suffered minor injuries. You strive for world peace yet stand ready to fight oppression. Every action deserves a reaction this instance should be prison. How to respond to arguments for banning flag burning. Jul 02, 2015 a group of flagburning antinypd protesters needed new yorks finest to save their skin from a gang of angry bikers who tried to pummel them in a brooklyn park for setting old glory ablaze. The flag desecration amendment, also known as the flag burning amendment, is a very controversial amendment allowed under the constitution. With her on the briefs were john vance and dolena t. Right wing extremists took issue and a fight broke out. But, this flag was the private property of the protrump supporter.
Nov 29, 2016 presidentelect donald trump proposed on tuesday a penalty including possible jail time or loss of citizenship for burning the american flag, in spite of two us supreme court rulings that. Americas flag is a symbol of its greatness, democracy and freedom. Fortyeight states once banned burning the american flag the history of trying to prevent americans from burning their flag is a long one. Flag burning and ensuing fight shuts down pennsylvania avenue in. Nov, 2019 flag burning is a potent symbol of protest in the united states, conveying sharp criticism of the state and stirring a deeply emotional, nearly religious fury in many of its citizens. The flag will be flying proudly long after they have slunk away. Download it once and read it on your kindle device, pc, phones or tablets. Use features like bookmarks, note taking and highlighting while reading black flags. For older news articles, please see the flag burning news archive. Looking through texas vs johnson, we examine the constitutional arguments foragainst flag burning. Warrick identifies a number of factors that assisted isis rise, including repressive arab regimes, conflict between sunni and shia muslims, and u. Flagburning is a potent symbol of protest in the united states, conveying sharp criticism of the state and stirring a deeply emotional, nearly religious fury in many of its citizens. The aclu has led organizing efforts against legislative attempts to ban flag desecration.
Lastly, and most importantly, flag burning is an act that could possibly cause a large amount of violence if done in a public arena. Jan 26, 2015 looking through texas vs johnson, we examine the constitutional arguments foragainst flag burning. A flagburning protest turned chaotic outside quicken loans arena on wednesday afternoon as a total of 17 people were arrested and two officers suffered minor injuries. During a political protest during the 1984 republican convention, gregory lee johnson was arrested for burning an american flag. Flag burning is a potent symbolic gesture conveying sharp criticism of the state. Trump protesters burn flag block news coverage youtube. In a 5to4 decision, the court held that johnsons burning of a flag was protected expression under the first amendment. Eichman, the court struck down that law as unconstitutional as well, in another 54 decision.
Flag burning and desecration is offensive precisely because it is political. In the case of a national flag, such action is often intended to make a political point against a country or its policies. The court first found that johnsons burning of the flag was expressive conduct protected. The flag is a symbol, and burning it doesnt harm the united states any more than it hurts someone when you secretly flip them off over the phone. This soldiersdiesoprotesterscanburnflags slogan has become a mantra repeated. Presidentelect donald trump proposed on tuesday a penalty including possible jail time or loss of citizenship for burning the american flag, in spite of two us supreme court rulings that.
Moral panic and the criminalization of protest social. Burning a flag is not free speech its a disgrace to our country. Weenies burn flag to protest cops, get attacked by bikers. No one gave a damn about moral values when they thought back to those towers burning. The court found that johnsons actions fell into the category of expressive conduct and had a distinctively political nature.
This is a highly subjective question perhaps quora should create a topic subjective questions phrased in objective terms edit. Congress needs to fight fire with fire by responding to the symbolic act of burning old glory with symbolic action of its owneach new congress. Furthermore, even if we assume that flag burning is a valid means of expression, the freedom of expression must be balanced against the important societal interests that are represented by the flag. Black flags is a chilling, well written examination of the events that led to the formation of isis. Lastly, it is an unnecessary practice and can easily be replaced with peaceful negotiation head 4. Two people have been arrested after a violent clash between trump supporters and a group of communists following a flag burning in front of. Speaker, i rise in support of the rule, although unenthusiastically. Experience shows that the way to fight political expression with which one disagrees is not to outlaw it, but to express disapproval. Congress to prohibit by statute and provide punishment for the physical desecration of the flag of the united states. The court noted, however, that speechneutral laws, such as those applicable to public burning generally, might be constitutionally applied against flag burners. Maybe there you can educate oneself on the representation of our american flag. Man battles to keep protestors from burning an american flag duration. Flag burning and desecration is offensive because it is political. Argued march 21, 1989 decided june 21, 1989 certiorari to the court of criminal appeals of texas 398 kathi alyce drew argued the cause for petitioner.
1349 128 73 595 908 17 740 709 608 1299 950 1060 842 1453 1494 101 833 103 1498 1153 669 188 901 298 1049 788 1303 236 378 308 606 8 1289 1350 150 1244 1207 31 1192 548 1433 620 476