Flag Burning: The Debate Continues

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Abstract Several times in our nation's history, Congress has introduced a bill that would provide for banning flag desecration. Each time, however, the Supreme Court ruled that this act was protected by the First Amendment freedom of speech rights. The debate over this topic continues, with both sides arguing for "the good of the country."

In a 1943 landmark Supreme Court case, Justice Robert H. Jackson wrote, "The freedom to differ is not limited to things that do not matter much" (qtd. in Jacoby el al. 20). This concept can be applied in the debate on whether to amend the Constitution to ban flag burning. When one considers the Constitution and the symbolic meaning of the United States flag, he or she can see that this is one issue that does mean a great deal to the American public. The freedom to differ is of extreme importance in this case, which can be seen as one reviews the reasoning for committing such an act and what it might mean beyond the desecration of a revered national symbol.

The burning of an American flag is not necessarily anti-American or unpatriotic. Sometimes, the greatness and majesty of the flag is better portrayed in the powerful political and societal statement of destroying it. This act can convey the feeling of the American people that their government is not the body it should be or that it is not doing the will of the people. This is probably one of the most emotional actions they can take to get the government's attention. Some of these protestors may even love the flag as much as those who are for banning flag burning, but the burners want to emphasize the seriousness of their complaint. The act of burning a flag may be the people's way of telling the government that it is co...

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...://www.geocities.com/CapitolHill/7226/ (11 Nov. 1998).

Relin, David Oliver. "A Burning Question." Scholastic Update 21 Sept. 1990: 17-18.

"Senate Debate on Flag Burning: Senator Feingold (D-WI)." Esquilax Productions: The Flag-Burning Page. 8 Dec. 1995. http://www.esquilax.com/flag/feingold.html (11 Nov. 1998).

"Speaking With One Voice." Citizens Flag Alliance. 12 Dec. 1997. http://www.cfa-inc.org/edit8.htm (12 Nov. 1998).

"Statement of George E. Bushnell, Jr. President of the American Bar Association." Esquilax Productions: The Flag-Burning Page. http://www.esquilax.com/flag/news9.html (11 Nov. 1998).

Wall, James M. "The Dynamics of Flag-Burning." The Christian Century 106 (1989): 643-44.

"Where is the Rehnquist Court Headed?" Harper's June 1989: 35-39, 42, 44-47.

"Who's Desecrating the Flag?" The Christian Century 84 (1967): 771-72.

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