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What does the american flag mean to some
1st amendment
Supreme court cases
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The year is 1989 when the Supreme Court ruled that desecrating the flag, one of America's most recognized symbol, would be an action protected under the 1st amendment. The colors red, white, and blue all have a great significance in America; hence it represents the American Flag and symbolizes the liberties of the nation. All, in which, with blood, sweat, and tears was fought for. However, the burning of the American flag should not be penalized; therefore the government should maintain the right of the individuals to express their dissatisfaction with the government, through the act of flag burning and not amend the constitution to make such right illegal. Amid the 1984 Republican Convention, Gregory Lee Johnson was arrested for burning the American flag during a protest against the Reagan Administration. Although an offenseful act for various witnesses, no physical injury nor threat of one was perceived. However, Johnson was charged with a felony of two-thousand dollars and possible incarceration. Nevertheless, Johnson’s appeal, claiming that his …show more content…
However, other parties can consider such actions treasonous and disrespectful. Nevertheless treason is defined as “the crime of betraying one's country, especially by attempting to kill the sovereign or overthrow the government.” Therefore by applying the definition, when one burns the American flag no acts of treason are accountable. Moreover, disrespect to those who are fighting, have fought, and fallen can also be portrayed when it comes to the action of desecrating the the star-spangled banner. Although, the burning of the American flag affirms the 1st amendment, a right that those same soldiers have fought for. While many citizens object the desecration of the American flag and consider such matter as disrespectful, when it comes to burning the flag we must tolerate other
Johnson and his lawyers were dissatisfied with this decision and made an appeal to the Fifth Texas Supreme Judicial District. This appeal, made on May 8, 1985 would be titled as Texas vs. Johnson. The defense argued that Johnson was prosecuted in violation of the first Amendment, clearly states that no law may take away a person's freedom of speech or expression, and of the Bill of Rights and the free speech clause of the Texas Constitution. Johnson argued that in his opinion, flag burning is part of freedom o...
Free speech and the First Amendment rights do not give people lisence to desecrate a symbol of pride and freedom. It is not all right to protect those who let it burn, lighting up the sky with their hatred. It definitely is not acceptable to insult the men and women who fight every day to protect this nation by burning the symbol of their labors. Therefore, it is crucial that the Supreme Court pass the amendment to the Constitution to protect the flag of the US.
Is the upholding of the American flag as a symbol of the United States more important than the freedom of speech provided by the First Amendment? Are there certain freedoms of expression that are not protected under the First Amendment and if so what qualifies as freedom of speech and expression and what does not? The Supreme Court case of Texas v. Johnson proves that the First Amendment and the freedom of speech are not limited to that of spoken and written word, but also extended to symbolic speech as well. Texas v. Johnson is a case in which the interpretation of the First Amendment rights is at the top of the argument. This case discusses the issue of flag burning as a desecration of national unity and that the flag of the United States should be protected under a law.
Johnson” case was one for the books. Not only was it one of the most controversial cases of its time, but still is today. Opinions vary on the subject, many agree with the majority of the supreme court, but many are still hesitant to speculate whether the rule in Johnson’s case is legitimate. Was Johnson act unconstitutional? The nation is still baffled at this question, because although it was considered a form of symbolic speech there is no way of knowing if it was meant to be a speech at all. Could it be possible that Johnson formulated this symbolic speech testimony after the fact? With only one man, Johnson, to question the fact, there is no true way of knowing whether or not the act wasn’t just a disgruntled man burning a flag simply because he was getting back at the nation for wronging him. Whatever the fact, the rule still stands and will stand to correct future cases by being a point to look at for
Stripes and stars forever, right? Well, what exactly does that mean? The American Flag can be seen almost anywhere. From the high-school, to the ball park, and even in our homes, the American flag stands as a symbol of all that is good and true in America. 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, Gregory Lee 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. 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.
Constitutional amendments from freedom of speech to flag burning.. 2nd ed. Detroit, Mich.: UXL, 2008. Print.
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
Freedom of speech and expression is a right given to all Americans under the First Amendment of the Constitution. It is a difficult concept to embrace when individuals are faced with ideas they oppose. In this kind of situation, the protection guaranteed to American citizens becomes even more important. The First Amendment was designed not only to protect the freedom to express ideas and sentiments with which one agrees, but also the ideas and sentiments with which one disagrees. It is for precisely this reason that the government should maintain the right of individuals to express their dissatisfaction with the policies of the government through the act of flag burning and not amend the Constitution to make such an act illegal.
Some have seen friends and family get tortured and murdered by their own government for daring to do things we take for granted every day. For those who risked everything simply for the chance to become an American....what kind of feelings do they have for the flag when they Pledge Allegiance the first time? Go to a naturalization ceremony and see for yourself, the tears of pride, the thanks, the love and respect of this nation, as they finally embrace the American flag as their own. Ask one of them if it would be OK to tear up the flag.
Can an individual be prosecuted for openly burning the American flag in a political protest? Gregory Johnson did this in a political protest outside Dallas City Hall. He was then tried and convicted of desecrating a venerated object under a Texas law (Penal Code 42.09), which states that "a person commits an offense if he intentionally or knowingly desecrates a state or national flag" (317). The question of whether this Texas law is in violation of the First Amendment, which "holds that Congress shall make no law... abridging the freedom of speech" (316), was brought before the United States Supreme Court in Texas v. Johnson (1989). A divided court ruled 5 to 4 that the Texas law was in violation of the First Amendment. Using the same Constitution, precedents, and legal standards, the Supreme Court justices came to two drastically different positions regarding the constitutionality of prohibiting flag burning. To see how such a division is possible, we are going to compare and contrast both the arguments and the methods of argumentation used by both the majority opinion (written by Associate Justice Brennan) and the dissenting opinion (written by Chief Justice Rehnquist), which critiques the majority opinion.
Your First Amendment rights are extremely close to being violated by none other than the United States Congress. I refer to the Flag Desecration Bill that, if passed, would do irreparable damage to our right to free speech and undermine the very priniciples for which the American flag stands. Fortunately, West Virginians have an ally in Sen. Robert C. Byrd. Sen. Byrd, who previously favored the bill, now fights to protect our rights by stopping the passage of this bill. I applaud his stand and want to reinforce his position. I also encourage you to join Sen. Byrd's campaign to ensure the legacy and supremacy of the greatest law in the land: the United States Constitution.
Many students all across America stand and salute to the flag every morning and repeat these words, “I pledge allegiance to the flag of the United States of America, To the republic for which it stands, one nation, Under God, Indivisible, with liberty and justice for all.” There are controversy behind these words of historical allegiance, and that is why many people are refusing to stand for the pledge. This nation was founded upon freedom and liberties, and with those liberties comes with the freedom to choose your religion. The words “Under God”
Goldstein, Robert Justin Burning the Flag: The Great 1989-1990 American Flag Desecration Controversy Asylum Books.
The first amendment is the cornerstone of our American society founded years ago by our forefathers. Without the first amendment many ideas, beliefs, and groups could not exist today. The first amendment guaranteed the people of the United States the freedom of speech, freedom of the press, and freedom of religion, freedom of assembly, and freedom of petition. Although the first amendment guarantees us, Americans the freedom of speech, we cannot use it to cause others harm. This amendment has helped shaped Americans into what we are today, because of our right to assemble, speak freely, and worship as we please.
Pendergast, Tom, Et Al. Constitutional Amendments: From Freedom of Speech to Flag Burning. N.p.: UXL, 2001. Print.