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Is Flag Burning protected under the First Amendment?
There is a proposed amendment to make flag burning illegal. Congress tried to pass the Flag Protection Act of 1989, but the act failed because it is seen as a form of public protection. There have been other attempts to pass legislation to protect the American flag but all of the attempts have failed so far.
Flag burning is very controversial because people have different definitions of what “freedom of speech” means and what our flag stands for. This essay explores these definitions from the proponent’s viewpoint for a law protecting the flag and the opponents view point against such a law. The most debated question being asked at this time is: is flag burning protected under the First Amendment guaranteeing the freedom of speech? It all depends on how a person defines the flag and interprets the First Amendment.
In order to help answer this question let’s being by defining what a flag is. The proponents (veterans, Citizens Flag Alliance, and other organizations of this type) of the amendment for protection of the flag define the flag as a “cultural artifact with meaning significance, and usage determined by the particular system employing it (Guenter 18).” Some flag historians have recognized the impact of culture on the shifting significance and usage of the national banner, although no one has ventured a full-scale probe of the subject (Guenter 16). The flag in the beginning was a symbol of freedom and enlightenment. The flag design has even changed. The very first flag contained thirteen stars that were in a circle with the red and white stripes. As the nation grew so did the flag, until the flag became what we know of it today.
The proponents also feel that, the flag should never be used for advertising purposes in any manner whatsoever (www.legion.org/flagcode.htm). It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkin or boxes or anything that is designed for temporary use and discard (www.legion.org/flagcode.htm). Advertising signs should not be fastened to a staff or halyard from which the flag is flown. No part of the flag should ever be used as a costume or athletic uniform (www.legion.org/falgcode.htm).
However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations.
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.
For more than 200 years, the American flag has been a big part of the United States. Betsy Ross had been the first, reportedly, to make the American flag. It originally had thirteen stars, representing the first thirteen colonies, but later it ended up with fifty to represent the states in the Union. It is a symbol of our
Much history came within the Texas v. Johnson case. It all started during the 1984 Republican National Convention, this is where Johnson participated in a political demonstration to protest what policies Regan was administrating (Brennan 1). A march was occurring throughout the city streets, which Johnson did take part in. Johnson burned an American flag while protesters chanted him on (Brennan 1). No person was specifically injured during this protest; although, many witnesses were severely offended (Brennan 1). Johnson was convicted of Desecration of a venerated object, which violated the Texas Statue. The state court of appeals affirmed Texas Court of Criminal Appeals and reversed the case stating it was a form of expressive conduct, so it was alright (Brennan 1). In a 5 to 4 decision the Supreme Court came to the conclusion that Johnson’s burning of the flag was protected under his First Amendment rights (Brennan 1). The court also found that although witnesses may have found it offensive, does not...
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
Some people see the American flag as patriotism. These people are the ones who have their flags out all year around. The ones who always have them flying high. Some of these people even have American flags hanging off their cars. To some people the American flag is their son or daughter who they have lost either in the line of duty in the military, on the police force, or even the fire department. Although its sad but true some Americans have no patriotism and could care less what happens around them. These people will only care if it affects them in a harmful way.
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.
The Confederate flag was used symbolically during the Civil War. To southerner’s, the flag represented a source of southern pride as well as a way of remembering the fallen Confederates. As the Civil War proceeded, the meaning of the flag began to change. Currently, the flag is being used as a symbol for racism. Due to this change in meaning, controversy over the flag has been exponentially growing. Although many would argue the original meaning behind the flag and that it is a symbol of historical culture that should not be forgotten, the flag should be banned due to its representation of racism and the seceding of the states.
He and the pigs move into Jones' home and start dozing in beds (which Squealer pardons with his image of turned rationale). The animals get less and less food, while the pigs become fatter. After the windmill is finished in August, Napoleon pitches a heap of timber to Jones; Frederick, a neighboring rancher who pays for it with produced banknotes. Frederick and his men assault the homestead and detonate the windmill however are in the long run vanquished. As a greater amount of the Seven Commandments of Animalism are broken by the pigs, the dialect of the Commandments is modified: For instance, after the pigs wind up noticeably plastered one night, the Commandment, "No animals should drink Alcohol" is changed to, "No creature might drink Alcohol to overabundance."
What is flag burning? The Flag Discretion Amendment, often referred to as the flag-burning Amendment was made to be a constitutional movement, allowing the United States Congress to prohibit statutorily, the physical discretion of the flagOn the 14th of June 1777, the Continental Congress approved the new stars and stripes design on the flag. In order to designate and protect ships at sea, so that the ships could get to where they needed to go with no problems. However, the flag did not become general popular symbol until after the Civil War.
“Reverence for the flag is ingrained in every schoolchild who has quailed at the thought of letting it touch the ground, in every citizen moved by pictures of it being raised at Iwo Jima or planted on the moon, in every veteran who has ever heard taps played at the end of a Memorial Day parade, in every gold-star mother who treasures a neatly folded emblem of her family’s supreme sacrifice.”
can see this whilst he is still on the farm, as he is always doing
In the book Silas Marner, written by George Elliot, many important themes are presented. It deals with things such as greed, prejudice, superstition, love, isolation and others. All the characters have different traits and all fit in to these themes. Prejudice is the most prevalent theme, in this book. All of the people in Ravelo were extremely prejudice against outsiders. Here are three characters that were victims of prejudice.
years ago to show why Silas is upset and we see from this that money
Characterization George Elliot's Silas Marner tells a tale of basic human nature, depicted through the words and actions of the characters. The characterization presented throughout Silas Marner is enhanced with the use of point of view, human understanding, and literary devices. Using these techniques, she creates believable characters that develop along with the plot to create a story line that, not only seems real, but also appeals to the human senses of understanding and sympathy. George Elliot chose to write Silas Marner from the omniscient point of view (Holland, 57), meaning that the action could be viewed from any angle. In doing so, she creates an atmosphere in which any character is given the opportunity to display his or her feelings toward one another.
Toward the end of the novel the pigs will have broken all of these commandments, which lead to their demise.