The burning of the flag is a controversial topic for many people. Some people believe that it should be banned and is not respectful, while others think that it should be allowed and is away to express themselves freely. People argue whether or not the burning of the flag is/should be protected by the first amendment.
According to CNN “destruction on the American flag is protected by the constitution….even if the act is unsettling” meaning that you are allowed to burn the flag if you feel necessary to do so. However our president, Donald Trump has a different thought about the situation, and he has let his thought be well known. He believes “Burn the flag and go to jail” because it is a sign of disrespect towards our country and it should not be tolerated. Oddessy.com states that “it is an ineffective way to express disagreement.” It is important that we as a country respect our flag because it is a symbol of who we are. If there is something you do not agree with, you should not be allowed to burn the flag. The flag burning is also something that should not be protected by the first amendment. Our flag is a important part of the United States and it should become illegal to burn due to the substantial meaning behind it,
Why Burning The American Flag Should Be Illegal
Tal Kopan, C.
Tal Kopan, CNN. “What The Supreme Court Has Said About Flag Burning.” CNN. N. p., 2018. Web. 30 Sept. 2018.
Should burning the American flag be illegal? The right to be able to burn the American Flag should be illegal. Burning the flag is a form of expression, not speech. How is burning the American flag legal when burning money isn’t? From the ThoughtCo. Article, “..makes tearing up or burning money a crime is Title 18, Section 333, which was passed in 1948..” If burning the flag is a legal form of symbolic speech, then why is money treated differently? There are two main opinions on the topic and no matter the law, there will always be people that disagree. According to ACLU article, “Democracy is strong because we tolerate all peaceful forms of expression, no matter how uncomfortable they make us feel or how much they disagree.” It is a natural response for citizens to disagree with others actions. Are we to outlaw all political expressions that bother residents? Some opinions indicate that burning the American flag is a form of expression rather than speech. More from the ABC news article, “President Donald Trump wrote on Tuesday that anyone caught burning the American Flag should face consequences — including having their citizenship yanked or facing a year in jail, according to his tweet.” This issue has come up a few times in the supreme court, but has never been passed.
Head, Tom. “Anti-Flag Burning Laws in the U.S.” ThoughtCo, ThoughtCo, 2018, http://www.thoughtco.com/united-states-flag-burning-laws-history-721207.
King, James. “How the Law Protects Flag Burning in the United States.” ABC News, ABC News Network, 30 Nov. 2016, abcnews.go.com/Politics/law-protects-flag-burning-united-states/story?id=43855624.
Murse, Tom, and Nieman Foundation. “Here’s Why Mutilating Your Money Can Land You in Prison.” ThoughtCo, ThoughtCo, http://www.thoughtco.com/is-burning-money-illegal-3367953.
Topic: Burning the Flag
Essential Question: Is the burning of the flag protected by the symbolic idea of the First Amendment?
There have been many incidents of people burning the American flag during heated protesting. Many people view burning the flag as expressing their anger towards the government. Many do this act not because they hate America, but because they do not agree what the flag stands for.
On the other hand, non flag burners view this act as disrespectful not only to America, but to the hard working men and woman that sacrifice their life to keep us and our loved ones safe. To answer the questions above, yes burning the flag is protected by the First Amendment and you are entitled to your beliefs. For example, student protesters in Northwest Washington burned the flag through anger of our president Donald Trump. They were looked down upon by their school administration, but no legal action was taken against them because their actions were protected by the First Amendment.
Even though the action of burning our flag is protected by the symbolic idea of the First Amendment, you are not only practicing your right to free speech, but you are blatantly disrespecting all the lives of people who have died protecting our flag and our right to the First Amendment.
Is burning the flag illegal? Believe it or not, the 1st Amendment protects the right to do so. This is considered symbolic speech, which is similar to a protest or political expression, and is protected by the 1st Amendment under freedom of speech/expression. Protesting the government because you disagree with decisions or policies isn’t illegal.
One of the most infamous instances occurred when a man named Gregory Lee Johnson burned an American flag outside a convention center. The 1984 Republican National Convention was being held there and he wanted to protest Ronald Reagan’s policies. He was arrested because of this act and put on trial. Texas courts convicted Johnson but he appealed, claiming his actions as “symbolic speech” and were protected by the 1st Amendment. His case was taken to the Supreme Court, they ruled in favor of Johnson. He exercised freedom of speech and the public being outraged at his actions wasn’t a reason to convict Johnson. People argued that he was disrespecting those who have fought for this country and were offended by his actions. Similarly people claimed the same things when more recently, NFL players started kneeling for the National Anthem protesting the racial injustice and police brutality prevalent in the United States. President Trump even made statements on the protest claimed that kneeling during the National Anthem should be illegal. The protest became about a lack of patriotism and respect for military. Although this caused a wave of anger among many, players were exercising their rights to freedom of speech.
America was built on rebellion to become a free country. Freedom of press, freedom of religion, freedom of speech. Protesting is how we got here. Political expression is what makes this country great, not everyone agrees with the government and we can tell them that. Everyone has a voice and the right to express themselves under the 1st Amendment.
Branch, John. “National Anthem Protests Sidelined by Ambiguity.” The New York Times, The New York Times, 1 Jan. 2018, http://www.nytimes.com/2018/01/01/sports/nfl-national-anthem-protests.html.
“From the Colonists to Kaepernick–NYU’s ‘First Amendment Watch’ on the History of Symbolic Protest.” Newswise = Smart News Connection, http://www.newswise.com/articles/from-the-colonists-to-kaepernick–nyu%E2%80%99s-%E2%80%9Cfirst-amendment-watch%E2%80%9D-on-the-history-of-symbolic-protest.
History.com Staff. “First Amendment.” History.com, A&E Television Networks, 2017, http://www.history.com/topics/first-amendment.