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There is a controversial question as to whether or not the burning of the American Flag should be protected as a first amendment right. The flag has been burned many times throughout history as an act of defiance or hatred of the choices made in the country. This is looked at as immoral and many think it should be against the law. The burning of the American flag should not be tolerated because the first amendment, the meaning of the flag and what is stands for in the country. These topics possess many argumentative reasons as to why flag burning is wrong. The first amendment is written as, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of …show more content…
The law stated that “the flag is not to be laid on the ground or physically defiled.” The whole controversy started when Gregory Lee Johnson was arrested in August of 1984 for burning the flag in Texas, where at the time, it was against the law to burn or defile the flag. He was sentenced to one year in jail and had to pay a $2,000 fine. The supreme court then had to determine the case on the amendment that was going through the amendment process. After the amendment was reviewed the supreme court did not pass it as a law. Justice Anthony Kennedy says, “The hard fact is that sometimes we make decisions we do not like. We make them because they are right, right in the sense of the law and the constitution, as we see them, compel the result.” After the case was fought over it was determined that flag burning was protected under the first amendment with a 4-5 vote in the Johnson’s favor. After this, the controversial topic became twice as popular for people who agreed and those who did …show more content…
Chicago tribune wrote on behalf of the newspaper and stated, “This newspaper proudly displays the American flag on the top of the front page because of the people and freedom is represents.” This article was written back in 2005 after a rally in Utah. Then on July 3rd 2015, the day before the celebration of America’s independence, there was another flag burning protest after people were asked to remove confederate flags. Many people were burning the United States flag as well as the confederate flag. A man that attended the protest, a former soldier that went by “Joe” said, “If they have a problem with the government, she shouldn’t take it out on the flags that are laid on dead soldiers’ caskets. Got to washington and take it up with the politicians, not with my flag.” There were others who contradicted this statement saying that people had the right to burn the flags and they could do so with it as they pleased. A former national commander of the American legion (Fang Wong) disagreed saying, “Just because you have the right to burn the American flag does not mean you should. It is a cowardly way of showing what you believe in.” Mr. Wong was the first Asian American to head the American Legion, he along with many others agreed with the amendment to prohibit flag
The Texas Court of Criminal Appeals pointed out that the state, under the first amendment, could not punish Johnson for burning the flag due to the current circumstances. The court found that Johnson's burning of the flag was expressive conduct protected by the First Amendment. They concluded that the State could not criminally sanction flag desecration in...
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.
The Free Exercise Clause of the First Amendment states “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof”. Meaning, Congress cannot forbid or ban the exercise or belief of any religion. However, the government can in fact interfere with religious practices. This means that the government cannot prohibit the beliefs of any religion, but can intervene in certain practices. The origins of the First Amendment date back to when the Constitution and Bill of Rights were first debated and written down.
The first Amendment of the United States Constitution says; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States Constitution.
After ruling the case in Johnson’s favor, it made it difficult to make a law banning the act of flag burning. Laws would be suggested and one would make it to the supreme court. The law would make flag burning a national offense punishable by law. Unfortunately the same majority decision as in the Texas v. Johnson case would arise as a five-to-four majority agreed once again that the law would abridge the right to freedom of speech. Seeing as the same judges presided over the case, the same defense was used to justify their ruling on the law. It was unconstitutional to abridge speech and by their ruling in Texas v. Johnson, the majority still viewed flag burning as a form of symbolic speech. Not only did the ruling in Texas v. Johnson hinder immediate lawmaking against flag burning, but it also divided a nation for a time. Johnson burned the flag, so he says, as an act against the Reagan administration. If this was so as he claimed that divided the nation, not only against him but against the supreme court. You have the protestors during the time who agreed with Johnson, the patriots against Johnson, and those left confused about what was right and wrong. No one side was right, yet no one side was wrong in their eyes. Johnson’s act was crude and even to those who agreed with his right to freedom of speech, they didn’t view his act as unpunishable. The case made the nation doubt itself and its
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.
To the Majority Opinion it’s a flag of our nation but to the Dissenting opinion its means more than just a flag. It means “White signifies purity and innocence, Red, hardiness & velour, and Blue, the color of the Chief (the broad band above the stripes) signifies vigilance, perseverance & justice." In this case the Dissenting opinion gave reasons why flag burning should be banned. Eventually Congress passed the Flag Protection Act of 1989. The Act banned flag burning regardless of whether the person burning the flag intended to cause offense to
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.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (U.S. Constitution).
The first reason why the government should not ban flag burning is that it is a form of expression that is covered by the right to free speech. The First Amendment to the US Constitution states: “Congress shall make no law. abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” (Legal Information Institute, 1992a). This amendment guarantees American citizens the right to express their dissatisfaction with the policies of the government without fear of consequences, including arrest, so long as the demonstration does not violate laws. The act of flag burning is a means to express this kind of dissatisfaction.
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.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (First Amendment Center, 2008)
The dissenting opinion to the previous idea is that the government's legitimate interest in preserving the symbolic value of the flag is, however, essentially the same that may have motivated a particular act of flag burning. The flag uniquely symbolizes the ideas of liberty, equality, and tolerance -- ideas that Americans have passionately defended and debated throughout our history. The flag embodies the spirit of our national commitment to those ideals. To the world, the flag is our promise that we will continue to strive for these ideals. To us, the flag is a reminder both that the struggle for li...
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. (First Amendment, Bill of Rights)