Flag Burning Research Paper

What is the controversy with the flag burning right? Well flag burning, for most people, happens to be a huge issue seeing as though it is repulsive or anti abolitionist in a certain state of mind. These people constantly ask the question, can flag burning be punishable by law? Flag burning cannot be punishable by law, nor should it be, “no matter how uncomfortable they make others feel or how much people disagree the U.S. Supreme Court has affirmed and reaffirmed that the right to desecrate the flag is included in the Constitution’s protection of speech (Flag).” Desecration and Flag Burning are forms of symbolic speech. What is symbolic speech? you may ask, well “symbolic speech is seen as a representation of one's beliefs or messages in the

form of nonverbal communication. This type of presentation can be found in venues of political activity in the form of silent rallies, marches, the wearing of apparel such as pins and arm bands, and the exhibition as well as destruction of nationally-recognized items such as the practice of flag-burning.(Facts and Case)” Seeing as though symbolic speech is part of the constitution the citizens should respect that and others opinions regarding this law. The right and ability to be able to burn a flag is the most important part of the first amendment.
One of the major controversy that flag burning that has occurred in the past was Gregory Lee Johnson’s arrest. Gregory Lee Johnson burned an American flag outside of the 1984 Republican National Convention that was held in Dallas, Texas. Lee was protesting republican nominee Ronald Reagan and his policies with symbolic speech. “He was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others. A Texas court tried and convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case.” Yet Lee was in jail for one year the same amount of time that a person is in jail for assaulting a police officer, that seems to be a little irrational for someone who practiced their freedom of speech was arrested for the same amount of time as someone who assaults a police officer. This incident was an insult to the judicial branch. This should not have been an issue in the first place seeing as though in a court of law the judge should know the constitution to be able to have fair judgement on the situation with said knowledge. Since Lee was not in the wrong, he did not harm and or threaten anyone in the process of his free speech, the judge should have been aware of the extensive amount of detail with Lee’s Flag Burning situation.
People may ask why the right to burn flags is important?

Well flag burning is definitively the first amendment making any citizen of the United States of America have the ability to express their right. Another question that may come to mind is what is the significance of the flag burning right ? Well flag burning serves a major role in symbolic speech which gives citizens the ability to represent themselves, their feeling, and their opinions, which gives significance to the freedom of speech part of the first amendment. The foundation of everything in our society is freedom of speech. Any form of marketing is freedom of speech because it represents an opinion about a product that a company is very opinionated about. T Shirts are also freedom of speech because t shirts are a representation of an opinionated topic. For example a band t shirt a website t shirt even a flag which, actually, wearing a flag is desecration of the flag because it took the flag from the original form it was meant to be used as. The flag desecration right has the impact of people being able to represent their country, their opinion and since the United States of America was built on the concept of free speech it would be against the original motive of this country. The real disgrace is limiting what people can do in a free country by setting rules to a free concept. “You should not use the American flag as an article of clothing. However, in 1976 an amendment was made that allowed uniforms for military personnel, firemen, policemen, and members of patriotic groups to use a flag patch or pin near the left side, closer the heart.” a rule that comes from the flag code which is used frequently used by the Veterans of Foreign Wars which is limiting a free concept that anyone can abide

by.
On the topic of the VFW, the VFW burn old flags as a part of a membership only organization that supports active and retired military, and their families through charity events and fundraisers. Under this ruling “The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. (Disposal of Unserviceable Flags Ceremony)(Flag code).” the VFW burn flags out of respect of the active and retired military personnel. If flags can be burned by the VFW why is it disgraceful for a citizen to burn a flag. Well it is disgraceful for someone to wear a flag none the less burn the flag so this issue is mainly with people associated with the military or someone associated with the military. Seeing as though military personnel take an oath to defend the constitution from enemies foreign and domestic they take an oath to protect people’s right of symbolic speech. Military personnel do not necessarily have to agree with any of the rights but have to protect people and their rights so seeing how that is it seems hypocritical for military personnel and people associated with them to limit the citizens power of free speech. The VFW burns flags, so the controversy with everyone else having the right to burn flags is hypocritical and close-minded making it extremely irrational.
Citizens should be allowed to have any rights as long as no one is harmed in the process which can only be found out by trial and error. That is how Gregory Lee Johnson was imprisoned and how many people will be imprisoned but without freedom of speech and symbolic speech people would be lost.