Facts: the defendant, gregory lee johnson was convicted of desecrating a flag in violation of texas law a conviction in which he challenged stating that it was a violation of his 1st amendment of freedom of speech. Our democracy is strong because we tolerate all peaceful forms of expression, no matter how uncomfortable they make us feel or how much we disagree the us supreme court has affirmed and reaffirmed that the right to desecrate the flag is included in the constitution’s protection of speech flag burning and desecration is offensive precisely because it is political. The flag desecration amendment is a solution in search of a problem the expressive act, burning a flag, which this amendment attempts to curtail, is exceedingly rare professor robert justin goldstein documented approximately 45 reported incidents of flag burning in the over 200 years between 1777 when the flag was adopted, and 1989, when. Flag burning is also counterproductive and provocative lastly, it is an unnecessary practice and can easily be replaced with peaceful negotiation (head 4) the united states stands for freedom. The first amendment to the bill of rights is the right to freedom of speech and press which “protects individual expression by guaranteeing the freedom of speech the supreme court has broadly interpreted “speech” to include internet communication, art, music, clothing, and even “symbolic speech,” such as flag burning.
The freedom of speech, freedom of religion, freedom of assembly, and most importantly the right to petition our government all of which fall under the first amendment in the bill of rights our nation’s flag is an everlasting symbol of freedom and hope that stands as a testament to our nation’s power. Below is an essay on flag burning & free speech from anti essays, your source for research papers, essays, and term paper examples flag burning & free speech flag burning became a political issue during the 1984 republican national convention in dallas, texas during ronald reagan’s renomination for president. The act of flag burning and not amend the constitution to make such an act illegal 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 flag protection act criminalized knowingly mutilating, defacing, physically defiling, burning, or tampling upon an american flag the supreme court found the flag protection act to be unconstitutional. So in conclusion, flag burning is a form of protest that should not be restricted, for to ban such protest would be in contradiction of the very freedom that the flag is to represent in the first place. Repeated congressional attempts to ban flag desecration have been invalidated by the us supreme court because the symbolic act of burning the flag has been ruled a type of expression protected by. Judge richard posner concludes that “[n]othing in the text of the constitution, or in the eighteenth-century understanding of freedom of speech, supports the proposition that prohibiting the.
[flag burning in a public protest is a deliberate attempt to provoke a reactionwhen it is successful, why hold the provoked person responsiblethe 1st amendment guarantees freedom of speech, but it doesn 't guarantee freedom from foreseeable consequences. Check out our freedom of speech essay first of all, it is important to outline the notions of the freedom of speech and free government and its regulation in us the key point of en freedom of speech notion is a possibility of speaking freely and without the censorship (smith, 2006. The flag desecration act when people think of the american flag, they often think of the symbol of our country, the symbol of freedom the flag represents everything our country stands for and the sacrifices made to preserve our way of life.
I said pro for burning the flag that would mean i was for it next, if you disagree with the nation, that is your opinion however, you should not burn our nations symbol the right to free speech is garunteed by the constitution however, burning a flag has nothing to do with speech like i said, freedom of speech would be disagreeing with. Freedom of speech: the first amendment essay adapt and change by adding amendments today the bill of rights still continues to change based on the will of the people and the judgment of the us supreme court however, the core principles that our country was founded on has remained the same. Penn jillette, who burned a us flag and magically restored it many times on stage as part of the duo penn & teller, explains it was meant to be patriotic. The tools you need to write a quality essay or term paper saved essays you have not saved any essays burning a flag in protest is not respectful and should not be done the question was whether flag burning was a form of freedom of speech flag burning is not wrong because everyone has the freedom of speech and flag burning is.
Flag burning should be prohibited when a court nevertheless permits the desecration of the flag, it protects the freedom of expression of one individual against the democratic freedom of the vast majority flag burning is not speech but an unnecessary and offensive act of vandalism. Flag burning, freedom of speech if there is a bedrock principle underlying the first amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable . - flag burning 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. Texas v johnson, 491 us 397 (1989), it is a symbol of freedom, of equal opportunity, of religious tolerance, and of good will for other peoples who share our aspirations the value of the flag as a symbol cannot be measured flag burning and free speech: the case of texas v.
Freedom of speech and the flag anti-desecration amendment: antinomies of constitutional choice william w van alstyne introduction on june 21, 1989, in texas v johnsoll, the supreme court held that the hrst amend ment does not permit imprisonment for burning a flag in the course of an open political demonstration i the. Flag burning & freedom of speech jonathan cunningham international academy of design & technology online since the supreme court has decided that freedom of speech may at times be restricted, the question arises, should such freedom be restricted when it comes to flag burning. Flag burning should remain legal because it allows freedom of speech, the freedom to protest, and the freedom of choice one of america’s greatest freedoms it has to offer is the freedom of speech burning of the american flag is known as symbolic form of speech, which is protected by the first amendment (gelber, 2012. Flag burning and the constitution geoffrey r stone abridging the freedom of speech us const amend i 3 109 s ct 2533 (1989) 4 tex it has been suggested thatjohnson's act of burning the american flag as a form of political protest was not speech within the meaning of.
Burning the flag is not a right, it's not freedom of speech, it's a hate crime against the people of the united states of america too many people do not take responsibility for their actions, they blame someone else or declare it was the environment they were raised in be responsible for your actions and support the country you live in. First amendment freedom of speech revision the following is a plain text extract of the pdf sample above, taken from our constitutional law ii outlinesthis text version has had its formatting removed so pay attention to its contents alone rather than its presentation. - flag desecration the issue of flag desecration has been and continues to be a highly controversial issue on the one side there are those who believe that the flag is a unique symbol for our nation which should be preserved at all costs, while on the other are those who believe that flag burning is a form of free speech and that any.