The Argument Of Flag Desecration

1358 Words3 Pages
bulb-icon

Recommended: Does the first amendment protect flag burning

Flag desecration is a topic that is black and white, there is no grey. Majority of the people that believe flag desecration should be illegal are Republicans, and the opposition is made up of mostly Democrats. While there are two sides to every argument, the following articles agree on one thing: flag desecration should not be restricted. In article one, “Flag Desecration Should Not Be Restricted” by Andrew Cohen (published in 2004), he discusses four viewpoints of why legislation prohibiting flag burning is unconstitutional. In article two, “Flag Desecration Should Not Be Restricted” by Robyn Coffey (published in 2009), she claims that the flag is a symbol and prohibiting it from “expression” infringes on free speech. Article one began with …show more content…

Cohen brought up two ideas of the amendment and how yes, it is supposedly meant to protect opinions and expression, but also how the Framers did not warrant for it to protect all forms of expression. Because of this we have laws against libel, slander, and obscenity, all of which were not there to begin with. While the author pointed out that there is obviously room for change, it still stands that the First Amendment was not put in place to protect people from being …show more content…

Cohen’s article focused on four main reasons of why defacing the flag is not illegal; free speech, property rights, unsettable boundaries, and exactly what the flag means. He was courteous, respectful, and it seemed as though he understood both sides of the argument. The first article was so unbiased that it even started off with a short summary of why some people believe that flag desecration should be illegal. Coffey’s article had a completely different approach and did not discuss reasons, but threw a fit about the idea of not being allowed to use the flag for artistic purposes. She was harsh and forceful with her ideas. The second article was just one rude and selfish argument with no regards to the opposing side. The sharp contrast between both articles is very obvious; both authors stood for completely different

Show More
Related

  • Summary Of Free Speech Follies By Stanley Fish

    1120 Words  | 3 Pages

    The first amendment is being abused by more people now than ever before. People like to shout, “First Amendment” when they find themselves in a controversial situation because of certain things they wrote or spoke about. People are being less responsible for their actions and are blaming the constitution for their slip-ups. In “Free-Speech Follies” by Stanley Fish, Fish addresses the First Amendment issue. Fish claims that people use the First Amendment to try to get themselves out of trouble or criticism and that they need to start being responsible for their actions and need to start having a sense of judgment.

    Read More

  • The Ragged Old Flag: Poem Analysis

    302 Words  | 1 Pages

    I believe people lack respect for the flag and what it stands for. Although most people are proud to be an American, some don’t understand what it truly means to be an American. The flag has a history, and should be respected because of that history. Although most believe that respect should be earned, our flag has earned this many times over. And I believe that our flag is taken for granted.

    Read More

  • We Need a Constitutional Amendment to Protect the American Flag

    487 Words  | 1 Pages

    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.

    Read More

  • Flag-Burning is No Crime

    1153 Words  | 3 Pages

    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.

    Read More

  • We are Free to Be You, Me, Stupid and Dead by Roger Rosenblatt

    1178 Words  | 3 Pages

    From the opening sentence of the essay, “We are free to be you, me, stupid, and dead”, Roger Rosenblatt hones in on a very potent and controversial topic. He notes the fundamental truth that although humans will regularly shield themselves with the omnipresent First Amendment, seldom do we enjoy having the privilege we so readily abuse be used against us. Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”.

    Read More

  • Texas v. Johnson Argumentative

    691 Words  | 2 Pages

    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...

    Read More

  • The Disgrace of Flag Burning

    815 Words  | 2 Pages

    For those who want to light Old Glory on fire, stomp all over it, or spit on it to make some sort of "statement," I say let them do it.  But under one condition: they MUST get permission from three sponsors.  First, you need permission of a war veteran.  Perhaps a Marine who fought at Iwo Jima?  The American flag was raised over Mount Surabachi upon the bodies of thousands of dead buddies.  Each night spent on Iwo meant half of everyone you knew would be dead tomorrow, a coin flip away from a bloody end upon a patch of sand your mother couldn't find on a map.

    Read More

  • Is Flag Burning Protected by the First Amendment?

    2205 Words  | 5 Pages

    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.

    Read More

  • Persuasive Essay On The Confederate Flag

    730 Words  | 2 Pages

    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.

    Read More

  • Flag Burning: The Debate Continues

    2577 Words  | 6 Pages

    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."

    Read More

  • Flag Burning

    1062 Words  | 3 Pages

    Flag Burning can be and usually is a very controversial issue. Many people are offended by the thought of destroying this country's symbol of liberty and freedom. During a political protest during the 1984 Republican Convention, Gregory Lee Johnson was arrested for burning an American flag. Years later in 1989, Johnson got the decision overturned by the United States Supreme Court. In the same year, the state of Texas passed the Flag Protection Act, which prohibited any form of desecration against the American flag. This act provoked many people to protest and burn flags anyway. Two protestors, Shawn Eichman and Mark Haggerty were charged with violating the law and arrested. Both Eichman and Haggerty appealed the decision because the law was inconsistent with the first amendment to the Constitution. The right to petition the government for a redress of grievances is protected by the first amendment of the Constitution. Burning American flags and other such actions are not treasonous and should no be treated as so, as long as these actions are done to petition the government for a redress of grievances.

    Read More

  • Censorship in Schools

    2166 Words  | 5 Pages

    According to “Freedom of Speech” by Gerald Leinwand, Abraham Lincoln once asked, “Must a government, of necessity, be too strong for the liberties of its people, or too weak to maintain its own existence (7)?” This question is particularly appropriate when considering what is perhaps the most sacred of all our Constitutionally guaranteed rights, freedom of expression. Lincoln knew well the potential dangers of expression, having steered the Union through the bitterly divisive Civil War, but he held the Constitution dear enough to protect its promises whenever possible (8).

    Read More

  • The Georgia Flag issue

    330 Words  | 1 Pages

    Many say that the flag should be kept because it stands as a monument to those who gave their life in the "War Between the States." This is not true, for "Our graveyards, literature, and many of our family histories will forever keep alive the memory of those who died in the confederacy" (Opdyke F1). The flag is definitely not the only remaining tribute to our ancestors.

    Read More

  • Flag Burning Should Be Illegal

    800 Words  | 2 Pages

    Flag burning is not right, but making it illegal takes away from the freedom of speech which turns it more into a religion than a symbol according to Mr. Levendosky. “In the following viewpoint, Levendosky argues that burning the American flag is a form of political

    Read More

  • Persuasive Essay On Flag Burning

    1163 Words  | 3 Pages

    A country is not just a landmass or the amount of people that live on it. A country is the pinnacle of governance in history of civilization. When you look at our nation’s flag what do you see? Do you see 13 stripes and 50 stars? Do you see a nation that has been over many trials and obstacles and is still unified? Or do you see war amongst us? Do you see hatred? So a question worth pondering: why would anyone even think it is justified to be allowed to burn our flag? The American Flag is the fabric of our nation; millions of Americans have fought for the flag, it is more than a symbol of hope to many groups and people respect the flag. Making flag burning illegal in the US because it makes Americans feel less secure about their government and their country, it disrespects our soldiers and it is unpatriotic.

    Read More

More about The Argument Of Flag Desecration

Open Document