In some recent years, I have personally seen a large amount of flag burnings on the internet, television and social media in general. This act is often seen as free speech, like the burning of Lebron James jersey’s when he left the Cavalier’s or when Colin Kapernick decided to take a knee during the National anthem. These jerseys however, don’t represent our nation, they represent people who made questionable decisions that pissed off a lot of people. So, should it be considered treason when citizens of the United States burn the flag in a show of protest? No, but maybe there should be a penalty for endangering the public and insulting our American way of life. The flag is a symbol of freedom and hope, not something that should be desecrated …show more content…
Johnson” and the 1990 case of “The United States v. Eichman”. These two cases have set the precedence and law for the United States referring to the first amendment right to freedom of speech and the burning of the flag. Both cases were won by a five to four majority and the issue has yet to be brought back to the Supreme Court with a real argument or to pass through both houses of congress in an attempt to make an amendment to the constitution. The issue however, should not be whether it is your first amendment right to burn the flag, rather it should be, is it legal to set fire to objects in a form of protest in public? The overwhelming answer to this would be absolutely not, lighting trashcans and cars on fire is illegal, so why is it not illegal to burn a flag during your “peaceful” protest?
Justice William Brennan wrote the majority decision, with Justices Anthony Kennedy, Thurgood Marshall, Harry Blackmun and Antonin Scalia concurring. ‘Johnson was convicted for engaging in expressive conduct. The State’s interest in preventing breaches of the peace does not support his conviction because Johnson’s conduct did not threaten to disturb the peace,’ said Brennan (A history of the flag
Some have stated that there are other methods of protest to convey the message in a less disrespectful and violent inducing way. Although those are valid points the question is, whose fault is it for the sense of disrespect and violence? Much like Martin Luther King’s protest, flag burning is often nonviolent, but people’s reaction to it causes violence. The point of flag burning is to express political feelings, the violence and feeling of disrespect are side effects opposers create. Also, as previously mentioned, some dislike the method of protest used in flag burning.
Reasoning: (Brennan, J.) The majority of the Court, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment. " A law directed at the communicative nature of conduct must, like a law directed at speech itself, be justified by the substantial showing of need that the First Amendment requires." The majority concluded that the Texas law impermissibly discriminated upon viewpoint.
California law, for example, made it a felony if anyone: displays a red flag, banner or badge
The flag represents the state’s southern pride and heritage for those who fought for their state. Taking the flag down all of a sudden would
The majority of the case argued it was protected by the First Amendment. In my opinion, even though it is protected under expressive conduct I feel it is wrong to take it out on a symbol of unity, the American Flag. Put aside the fact that people do it to get their point across but their
While the article “Texas v. Johnson (1989)” comments, “burning the flag constitutes a fundamental rejection of the system that protects freedom of speech, and they conclude that such conduct does not merit First Amendment protection.” This comes to show that burning the American Flag could have caused riots and hardships. “Desecrating the an American Flag was a criminal offence in Texas, as it was under federal law and in 48 of the 50 U.S. States.” This quote helps explain why there are so many bad turnouts that could happen because Johnson burned the American
It is an expressed opinion that is protected by the First Amendment in the Bill of Rights of the Constitution. Johnson had full rights to burn the flag and say whatever he wanted about it or the government and it was his freedom to do so. Even though it is morally wrong and usually an unacceptable behavior, I believe that the Court did the right thing. They had to put aside personal beliefs and values and interpret the Constitution the way it was written even if it allows people to be a disgrace to the country itself.
For the longest time it was considered illegal, but in the case of Texas. V. Johnson that changed. This case ruled that it was legal to burn the flag as long it was not bringing harm to others. In the political cartoon (document 2), there is a man burning the American Flag, which is legal. Behind him is another man burning a smaller version of the flag, which is on the first man's back pocket.
Given the symbolic nature of the flag we have means to assume this, though we don’t take into consideration other options like a southern heritage. Numerous citizens would say the flag is disrespectful towards the American flag due to the same design elements it possesses. Media attention has shown the flag is being used recklessly, forgetting those individuals it taunts and hurts. For example,
Honestly, no I do not believe that the confederate battle flag is a symbol of racism or hatred. Personally I believe that anyone who thinks that the confederate flag is “racist” seriously needs a history lesson. In this essay, you will learn the history of the confederate flag, if it actually is a symbol of hatred, and what the United States plan to do to keep the country calm. The flag as we know it was born not as a symbol, but as a very practical banner.
The law in Texas at the time banned flag burnings. He was convicted, and the case was appealed to the Supreme Court. We ruled that Johnson’s right to free speech had been violated. He was expressing symbolic speech. We ruled that even though an opinion is unpopular, doesn’t mean we have the right to restrict his freedom of
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.
It is the responsibility of every citizen in America to question authority, our government and its written and oral history, scrutinizing anything which has even a hint of uncertainty about it. All things true and just will stand up to the test of scrutiny each and every time. When it comes to the use of the Confederate Flag in the 21st century, only a full and complete scrutiny of the facts can determine the answer to this question. But to me the answer is clear, after close analysis and scrutiny, I personally feel that it should not be used or idolized in any form or fashion, but that is for you to decide, once you know all the facts. One thing I do know for certain, I will continue to admire, respect, and fly the American Flag high while appreciating its complexity and beauty all the
Should the Confederate flag be banned on public property? The Confederate flag is one of the greatest controversial, provocative icons of American culture, and even has a significant presence out of the country. There is proof to suggest that just observing the Confederate flag makes a person act fairly more racist. Some people believe that the Confederate flag is racist.
This action caused an upset among students. Some students are in conflict on how to feel with the demonstration. People should not be disrespecting the flag for any