Freedom of Speech: Does Burning The Flag Take it Too Far? With recent outbursts of civil disobedience in the United States, many Americans have taken sides, particularly liberal or conservative. One of the main issues taking over much of the argument is the freedom of speech. Some believe that it should only go as far as the Constitution says. Some believe that it should be adjusted to current day tribulation. Nevertheless, one precedented issue has taken hold… the burning and desecration of the American Flag. The extent of freedom of speech is very controversial, but should not include the action of desecrating America’s national flag. Constitutional Meaning The ultimate decider of the nation is the Constitution, so sequentially, nothing can …show more content…
Many people have recently started committing the action due to the recent presidential election, in which Donald Trump was victorious. The people believe that burning or stomping on the flag is an example of protest. An additional reason for desecration, is for dislike of the country. Another recent event involves Colin Kaepernick, quarterback for the San Francisco 49ers. During the national anthem, Kaepernick knelt down in protest. He was supposedly protesting for injustice in the country at the time. Although he has the right not to stand, it was not taken lightly by many fans who chose to boo him during the game. This is, indeed, an example of freedom of speech and/or freedom of expression, but is also taken as great disrespect toward the country. Another example of citizens using their “freedom of speech” happened in 1984 when Gregory Johnson burned an American flag outside the Republican National Convention in Dallas, Texas. He was arrested and the case was taken to the supreme court where it was titled Texas vs. Johnson. According to Texas v. Johnson, 2009, “The court ruled 5 to 4 that Johnson's act of flag burning constituted expressive conduct protected as free speech under the First Amendment to the U.S. Constitution” (para. 4). This created a big reaction amongst politicians and a law was passed that made desecrating the flag a federal …show more content…
The flag does not represent racial injustice or police violence. The white on the flag represents purity of the country’s ideals, the red represents hardiness and valor to keep our country strong, and blue represents perseverance and justice. It is ironic that people unhappy with injustice are burning the flag rather than trying to help improve the injustice that “oppresses” them. There are American soldiers fighting for the country, wearing the flag on their shirt, fighting underneath the waving flag, and even getting sent home in a casket with the flag draped over top. Yet, some citizens have the audacity to step on it because they are “oppressed,” which is a common term used amongst people who will not support or pledge to the flag. One must think about the soldiers who are fighting in other countries and do not have the support of people back home. No matter which way citizens interpret flag desecration, there is no positive way to perceive it. The action is a detriment to the country and citizens should abstain from anything similar to it. Consequences should be placed which would restrict people from doing anything to the flag that would be considered desecration. Mr. Brady, provides the insightful statement that “flag burners are not the problem; the problem is those who distort our Constitution by calling flag burning speech”
Opponents of the flag, on the other hand, recognize this racist connotation. They see the flag as a lingering emblem of a war that divided the nation and was fought in the name of slavery and
It is clear to see that flag burning causes tension, good tension as MLK would call it, that causes attention to be drawn to a topic and forces people to acknowledge the problem. Destroying the American flag is a powerful method of protest that says “This flag is useless because America is not what it is supposed to stand
The general argument made by author William J. Brennan in his work, “Majority Opinion,” is that it is legal to burn the flag if it is a form of political protest. More specifically, Brennan argues that we can not criminally punish people for burning a flag: the only thing we can do is convince them that they are wrong. He writes that they only thing we can do is “ Persuade them that they are wrong.” In this passage, Brennan suggests that criminally punishing a person for burning the flag will decrease the values of the flag by opposing the First Amendment. In conclusion, Brennan’s belief is that we should not punish people for burning the flag, but convince them that they are wrong.
One year later, United States v. Eichman was decided by the court as the Flag Protection Act of 1989 that would have protected the American flag from desecration. However, the Court ruled it’s unconstitutional to punish persons for flag burning while protesting in political events. [ United States v. Eichman, 496 U.S. 310
This is saying that the people that support the flag want the nation to break apart again. As Allen Guelzo states, “The flag of treason should be suppressed.” This is a good point, but it is not true. As chip Reid says. “The flag is an important part of an educational experience intended to inspire Americans to learn about their past.”
The American flag is a symbol that every American is proud of, it also represents the ideas of liberty and equality. In the article “Dissent” it states, “If those ideas are worth fighting for – and our history demonstrates that they are – it cannot be true that the flag that uniquely symbolizes their power is not itself worthy of protection from unnecessary desecration.” It comes to show that our flag is our type of “role model” for us to be strong and defend our flag`s symbolic meaning.
When a flag is presented in a rival that brings hate and discontent to America it should be removed from being displayed. I strongly am offended of the Confederate flag and my opinion is a lot of others are also offended. The constant reminder of the mistreatment and enslavement of the black race is still being suffered by black people today. The confederate flag brings grief to my heart as my ancestors were subjected to slavery.
A lot of citizens want our country to have patriotic customs, they say that “We must restore our flag to its rightful place under the law so that our children and our grandchildren will never be confused about its meaning, its value, or the price paid to preserve it” (Wheeler). Most people agree that we should respect our flag, but this amendment is bigger than the flag, it is about upholding our First Amendment right even if that means disrespecting our sacred flag. Another argument that supports the amendment would be that people don’t think that flag burning is considered “speech” they argue that “what is said when the flag is burned?” (Brady). Although nothing is verbally said when burning a flag the message is “symbolic speech” and this can be backed up by Texas v Johnson (1989).
(Henderson) Citizens of America are taking sides on the Battle flag controversy and that plays a major part in how the voters will choose their leaders in the upcoming elections. Not only are politicians trying to avoid taking a side on the controversy but business are also being pressured by the American citizens to take the away from their
Steven Sternberg Mrs. Burns English 1 CP 1 March, 2018 The Flag Protest “I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color” (Kaepernick, Colin). The flag protest has been a protest existing for a long time but, recently sparked lots of controversy. Although kneeling during the national anthem may seem disrespectful are often seen as a disrespect to the flag and troops, a inefficient way to promote a cause, and anger many people in shows division in the country, it can show that the ideals of freedom is justified, it generates conversation and awareness about topic, and is a legal form of peaceful protest.
The flag is a symbol of the country. It represents the freedom and union of America: “The U.S. flag is considered such a sacred symbol that burning it in an undignified manner constitutes desecration”(How to properly dispose
Assuming that the flag has a deep history of racial injustice that exceed far beyond the Civil War. Adding that his motive is patriotism, the flag has been managed as a symbol of racism and radical inequality. While the Confederate flag is a prevailing and problematical symbol, one that should entirely be dismantled. Taking down the flag is only the first step. What we must do is knock down racism.
The law states that is freedom of speech to burn our American Flag, but how is stomping and burning the symbol of this nation where our freedom of speech should be. Most do it out of anger toward our country, but why do they have to take such drastic measures to show their anger. Wattad stated” grant the flag special respect.” ( 1, 2008) It's not saying take away freedom of speech just grant something that represents what our soldiers are fighting for special respect.
live in a fair and free society, which includes the right to speak out in protest” (Reid). Eric’s statement is entirely true, which means that those who disagree with a protest have the right to speak out as well. Freedom of speech and protest works both ways which means I, and many other Americans, have the right to disagree with the protesters (Reid). The football protesters are not wrong by protesting injustice, however, their form of protest does the opposite of bringing awareness and merely divides the people they desire to bring together.
The burning of the American flag should not be protected by the First Amendment. Gregory Lee Johnson was convicted of burning the flag in violation of the Texas Law. After a march, he burned the flag in protest during the 1984 Republican National Convention. No one was hurt during this demonstration.