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Burning The United States Flag
Burning the United States Flag Through the years of America, there have been multiple accounts of flag desecration. Flag desecration is a term that is
used to describe a various set of acts that intentionally destroy, damage, or mutilate a flag in public, and in this case, the American flag. Citizen's
typically doing this treasonous act when they want to make a political point against their country or policies in the country or another country. Some of
these actions include: burning it, urinating or defecating on it, defacing it with slogans, stepping upon it, damaging it with stones or guns, cutting or
ripping it, verbally insulting it, or dragging it on the ground. A few countries have laws that forbid the methods or just uses of this...show more content...
The court said the government cannot "carve out a symbol of unity and prescribe a set of approved messages to be associated with that symbol . .
." The court also said that the flag burning did not cause or threaten to cause a breach of the peace. After this happened, Texas asked the Supreme
Court to look at their situation and Johnson's case. In result to this case, the majority of the court noted that the Texas law discriminated upon the
law. They feel that this act might bring up anger in other people and more flag burning. The majority of the court also agreed that Johnson had the
right to use that form of symbolic speech because it is protected by the first amendment. They find this act is very offensive, but the society's
outrage alone is not justification for depressing Johnson's freedom of speech. The first amendment, as written in the constitution, forbids the
abridgement of "speech", but we have not taken upon the writing that it spreads past spoken and written. Any citizen has the wright to use his or
her form of "speech" in his or way of choosing. These forms can be in words, or written down on paper. These ways of speech can also be used in
actions, and these actions can express an idea of language as well. When Johnson decided to burn the American flag, he was using his form of speech
to get his point across to the new president. When the state came after him, they were in the wrong because of this amendment. Because of this, it was
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The Pros And Cons Of Flag Burning
A public flag burning in protest of a recently enacted law and the advertisement for potato chips found on a billboard are protected by the First
Amendment's Free Speech Clause. The behavior of the flag burning is protected under the First Amendment's guarantee of free speech (Hall, 2015).
Consequently, the flag burning is considered an expression of one's symbolic speech. The Supreme Court ruled that flag burning is protected under the
First Amendment (Hall, 2015). This right applies to protest, demonstrations, performances, advertisements, artistic endeavors all of these are means of
expression (Hall, 2015). Notwithstanding, this protects the advertisement on a billboard. The First Amendment protect commercial speech, such as
advertising,
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The Pros And Cons Of Flag Burning
On August 22, 1984, Gregory Lee Johnson was arrested for setting the U.S. flag on fire. His simple act of protest led to the Supreme Court ruling that
flag burning is protected under the First Amendment as free speech, thus overturning his conviction. The flag symbolizes freedom, and part of that
freedom is being able to express dissatisfaction with the government. However, some see flag burning not merely as a demonstration of opinion, but as
an attack on national unity and American values. Should it be illegal to burn the U.S. flag as an form of protest, or is this method within the rights of
American citizens? Johnson set the stars and stripes ablaze at the 1984 Republican National Convention after participating in a protest march against
...show more content...
Concerning the outcome of Texas v. Johnson, Justice William Brennan delivered the opinion of the court: "If there is a bedrock principle underlying
the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea itself offensive or
disagreeable." Flag burning may be offensive to loyal Americans, but it is not threatening enough by itself to justify punishment. Brennan also stated
that "we do not consecrate the flag by punishing its desecration, for in so doing we dilute the the freedom that this cherished emblem represents." In
Johnson's case, the Supreme Court valued constitutional principles rather than patriotic preferences. The Supreme Court's stance on flag burning has
remained the same since. Nevertheless, thirty years after United States v. Eichman, there is still controversy over whether or not it should be legal. A
recent example of the present discussion on flag burning is a tweet made by President Donald Trump in 2016: "Nobody should be allowed to burn the
American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!" However, without a reason to change the law
besides personal opinion, the Supreme Court is not likely to reverse their decision and make flag burning
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Essay On Burning The American Flag
The United States is well–known for its principles of freedom and democracy, which is demonstrated through the First Amendment's Free Speech
Clause. Thus, American citizens can openly discuss political matters; criticize the President and his Cabinet on television, radio talk show or in the
newspaper; or publicly protest against the government tax policy. However, Free Speech protection becomes debatable when some American citizens
burn the nation's flag to express their disagreement to the government. The act of burning the American Flag should be constitutionally protected under
the First Amendment's Free Speech Clause because the act is a symbolic expression that communicates an individual's idea or opinion about his nation;
and that...show more content...
This debate has been a major one before and after the decision of Supreme Court on this case. II. Flag burning as a symbolic act, symbolic counter
speech and the original meaning of the First Amendment's Free Speech Clause a) Flag burning is a symbolic act The act of burning the American
flag is definitely a symbolic expression for the flag itself is symbolic by definition and expression is the purpose of the flag (Arbukle, 22). In other
words, the American flag represents the nation's symbol and the individual acts on it to express ideas or political opinions. According to Mark
Arbukle, displaying the flag is a form of symbolic expression, so it would be unfair and illogical if burning the flag is not a symbolic expression.
Using the same logic, if burning the flag is restricted then displaying the flag can be restricted as well. It is difficult to exclude either of them from
Free Speech protection because after all, they always serve for a political purpose due to the flag nature as a symbol of the country. According to
Tiersma, an act, in order to be considered as "speech" should qualify two criteria. First of all, the act needs to have meaning. Secondly, the actor must
intend to convey a message through his act (Tiersma, 1557–1562). Burning the American qualifies the first criterion because it is a symbolic expression
by definition. Yet, it does not qualify
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Flag Burning
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Freedom of Speech: Flag Burning Flag burning has been one of the most controversial forms of nonviolent protests. It is often linked with the Middle
East and Hezbollah with depictions of Arabs against President Bush burning the American flag. Americans are intimidated and threatened by this
action, but that does not make it illegal. Supreme Court rulings have upheld that peaceful flag desecration is a form of political speech that should be
protected by our Constitution (Flag Burning Myths). This decision is the most logical. Even with all of the disruption this act may cause, flag burning
should not be banned. Before even arguing to keeps the laws the way they are, take a look at the logic that is...show more content...
Johnson was punished by having to serve a one year jail sentence and a fine for two thousand dollars (Oyez). After he paid his fine and served his
jail time, he took his case to the Supreme Court where it was fount that desecration of the flag was protected as a freedom of expression under the
First Amendment (Oyez). This was the landmark case that defined flag burning and the Courts logically stated "that the Government may not prohibit
the expression of an idea simply because society finds the idea itself offensive or disagreeable" (Oyez). Flag burning is not intended to represent
violence; that is not to be confused with protest. There needs to be a proper time, place and valid reason to show support for a certain view. There
should be little to no tollerance for "attempts to incite voilence and create a hostile environment" (When Hezbollah). A person cannot go with irrational
anger to shove his two–cents down the throats of all the surrounding people. Flag burning is to be thought of more as a demonstration to attract
attention and spread around an ucommon thought reather than a disruption in society. A large group of people have correlating opinions with the
world–reknownd transcendentalist author Hendry David Thoreau. Thoreau states in his work Civil Disobedience that "all men recognize the right of
revolution; that is, the right to refuse allegience to, and to resist, the government, when its tyranny
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Essay On Flag Burning
Controversy of Flag Burning "The Congress shall have power to prohibit the physical desecration of the flag of the United States (Corn–Revere)." This
quote shows the controversy of the First Amendment in the Bill of Rights. Many people today believe that the freedom to express their opinions is a
founding principle that can never be taken away. In order to understand Flag Burning, one must interpret and analyze the Constitution and the First
Amendment. During the time period of 1897–1932 the Civil War took place, which lead to the controversy of the American Flag. Through this
disagreement two sides were created, one being the Southerners and the other being the Business Tendency who seen the Flag as just a logo (Head).
For many years the flag was just considered a symbol of one side until September 17th 1787, when the Constitution was signed. Nine out of...show
more content...
Therefore the ones who are expressing their opinions are being put down due to the fact society thinks they are hating on their country. Two
wrongs do not make a right but society is being unequal when it comes to the liberty and the right to speak freely (Cohen). By expressing
America`s "fake" values burning flags brings a form of hatred or a sense of broadcast for all to see and for one to bash America (Cohen).Protesters
come together publicly to be seen or to have publicity (Cohen). The American Flag is considered the Nation's incarnate, which allows the nations to
represent itself in a form of representation or represent spiritual values (Against Flag Burning).While in the act of irresponsibly burning the Stars
and Strips it shows lack of standards and a weak stand for freedom. Our flag stands for free speech and equality of men which should never be
proven lower than displayed (Against Flag Burning)."To burn the flag is to burn one's family, one's leaders, one's people (Against Flag
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The Argument Against Burning The American Flag
The citizens of this great nation, The United States of America, should uphold, have respect, have gratitude, and have honor when it comes to
dealing this great nation's beautiful flag. The people of this great nation who decide to set fire to Old Glory could face some major consequences.
Some of these consequences may come in a variety of forms, such as fire hazards, riots, and sometimes even death. One of the main arguments against
burning our great nation's flag is that the people who have fought for the American flag and all that it stands for, tend to feel disrespected. The article
Flag Burning Amendment states that "Burning the nation's flag shows disrespect to America". "It provokes feelings of anger and disgust. But
punishing citizens for using their personal property to express their personal views violates the very ideas that animate our constitution with meaning".
Furthermore there are some people that believe the American flag should not be considered someone's personal property, but perhaps it should
considered as the government's property instead. It should be held in high regard like some people's bibles or other religious items. The American flag
should also be considered a very sacred item. Obviously flag burning is a fire hazard that can have a very harmful outcome to the environment and all
of its surroundings. Another argument that is stated in the E.M.S.A. says "Many materials in clothing can burn" (E.M.S.A). "Consider the
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Flag Burning Scenarios
The First Amendment of the Bill of Rights protects the freedom of speech, religion, and press form government limitations and over reach. The acts of
burning an American Flag in protest, a company's billboard advertisement, and a person choosing to or not to place their hand over their heart are for
the national anthem are all examples of what the Supreme Court of the United States has ruled as expressions of speech and are covered actions by the
First Amendment.
The Supreme Court has ruled that the First Amendment does not only protect just written and spoken rules but also any action that intends to relay or
display a message (Hall, 2015). Of the three scenarios given, the flag burning scenario has established case law in Texas v Gregory
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The Benefits Of Flag Burning
Was it right for Johnson to burn the flag? It was under federal law in 48 of 50 states in the U.S. to desecrating an American flag and it was also a
criminal offense in Texas. Freedom of speech should not apply to flag burning because of "intangible dimension" of the flag's deeply symbolic value
others maintain that flag burning establishes rejection of the system that protects freedom of speech It was under federal law in 48 of 50 states in the
U.S. to desecrating an American flag and it was a criminal offense in Texas because burning the flag isn't a right to freedom of speech. Due to the face
that flag burning will endanger the flag's symbolic meaning and flag burners know that burning the American will seriously affect others. Freedom
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Burning the American Flag Essay
Burning the American Flag
The American flag consists of thirteen horizontal stripes, with seven red stripes alternating among six white. In the upper left corner there is a
rectangular blue space that contains fifty white stars. The thirteen stripes symbolize the thirteen original colonies of the United states of America and the
stars represent the fifty states of the Union. White is said to symbolize purity and innocence. Red symbolizes strength and courage, and blue
symbolizes vigilance, perseverance and justice. The flag in simple words is a piece of cloth that has meaning. The flag stands for everything in our
country's past.
The issue of burning the American flag, as a means of expression is continuously argued today. Many...show more content...
Every time America has come out of war, the flag has stood strong.
In 1989 the United States Supreme Court ruled that burning the American flag was a form of symbolic speech and therefore was protected by the
United States Constitution. What would happen if they took away the right of freedom of speech? How would people express their feelings and
emotions towards the government? Many people would feel as though the government was attacking the basis of one of our nation's strongest beliefs.
Many would argue over this situation. Protestors would raise all sorts of questions. What is a free nation that does not allow political disagreement?
What is a free nation that will not allow itself to be spoken out against? What is a free nation that wants to punish those who oppose its hypocritical
principals?
There are always at least two different viewpoints on certain principles that raise question. A neutral position is also held when people can't choose
between two different standpoints. The position that I hold is a neutral position. I defend certain beliefs for burning the flag, and not burning it. In my
opinion, I think that burning the flag is one of the worst things that a citizen can do for its country. I feel that if you burn your own country's flag it is
somewhat of a betrayal on the country's history and past. Many people have pride in their country, as many American's do, and when a flag is burned in
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Flag Burning Essays
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. 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...show more
content...
While the Republican National Convention was taking place in Dallas in 1984, respondent Johnson participated in a political protest. The purpose of
this event was to protest the policies of the Reagan administration and of certain Dallas–based corporations. The demonstrators marched through the
Dallas streets, chanting political slogans and stopping at several corporate locations to dramatize the consequences of nuclear war. On several
occasions they spray–painted the walls of buildings and overturned potted plants, but Johnson himself took no part in such activities. He did, however,
accept an American flag handed to him by a fellow protestor. The demonstration ended in front of Dallas City Hall, where Johnson unfolded the
American flag, drenched it with kerosene, and set it on fire. While the flag burned, the protestors chanted. No one was physically injured or threatened
with injury, though several witnesses had said that they had been seriously offended by the flag burning.
Of all of the demonstrators, Johnson was the only person charged with a crime. The only criminal offense with which he was charged was the
desecration of a venerated object. After a trial, he was convicted, sentenced to one year in prison, and fined $2,000. The Court of Appeals for the Fifth
District of Texas at Dallas affirmed Johnson's conviction, but the Texas Court of
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Flag Burning Persuasive Essay
While people have the right to protest and say what they want through words or actions, it is wrong to desecrate one's country by burning the flag
because it is disrespectful to the ones who have fought for the country. Many people are against it including the president, but he can not legally stop
them from doing it. It is their constitutional right to protest this way because it is a form of speech and the Framers of the Constitution guaranteed
freedom of speech and expression to the citizens of the United States with the First Amendment, which reads, in part, "Congress shall make no law
abridging the freedom of speech." ("Freedom of Speech"). They're getting their message across by using actions rather than words therefore they can
not be told to do other wise according to the first amendment in the constitution (Kopan).
Protesters have burned the flag in many protests to say that "America is going down in flames" according to one college student during a protest
on the D.C. college campus (Kopan). It has been a method used since the vietnam war for protesters to say what they need to say. It has been an
issue that congress has been working on for years to resolve on whether or not flag burning should be banned or not. Many say it should and I agree
but legally they can not bane it because it is a form of speech and to do so would mean going against the constitution which would lead to many more
protests (Svrluga).
Almost since the adoption of the Bill of Rights, however,
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The Importance Of Flag Burning
Now that we have a better understanding of the definition, we can see how flag burning is protected by the First Amendment. I believe flag burning
should be protected by the First Amendment because it does not cause any physical or psychological harm to another human. To better understand
why I believe flag burning should be protected, we have to go back to when it first became a major topic of discussion in America. In 1984, Johnson
participated in a political demonstration to protest the Reagan administration policies. During the protest, Johnson burned an American flag in front
of Dallas City Hall (Texas). No one was physically hurt or threatened, but the flag burning did offend most of the witnesses. According to "Texas vs
Johnson", Johnson was arrested and convicted of flag discretion under Texas law. He was sentenced to one year in jail and had to pay a $2,000 fine
(Texas). According to "Facts and Case Summary–Texas v. Johnson", Johnson argued that his actions were symbolic speech and it was protected by the
First Amendment (Facts). Johnson's case was taken to the Supreme Court. The Supreme court ruled that his actions were protected by the First
Amendment (Texas). "Texas vs Johnson" states, "The fact that an audience takes offense to certain ideas or expression, the Court found, does not
justify prohibitions of speech" (Texas). Johnson's flag burning did offend many people, but it did not harm anyone. According to Mill's harm principle,
the only time the government
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Flag Burning Research Paper
Flag Burning "The [American] flag uniquely symbolizes the ideas of liberty, equality and tolerance – ideas that Americans have passionately defended
and debated throughout our history. Thus, the Government...should protect the symbolic values of the flag" wrote Justice John Paul Stevens in the
Texas v. Johnson (1989) Supreme Court Case (History of Flag Burning). Justice Antonin Scalia agreed, "If it were up to me, I would put in jail
every...wierdo who burns the American flag" 9. However these Justices may have felt personally, this was not the result of the vote. In 1989, the
Supreme Court defended flag burning as part of the First Amendment freedom of expression. I am forced to agree with this decision because the First
Amendment clearly
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Pros And Cons Of American Flag Burning
The American Flag
The American Flag is symbol of freedom to those individuals living in the United States. To the soldiers who fight for our freedom, seeing the flag
they honor and salute disgraced and disrespected is like a "slap in the face". Topics discussed throughout this paper are as follows The Star Spangled
Banner, American traditions involving the flag, how to fold the flag and what each fold symbolizes, how to properly handle and when/when not to
fly the flag as well as, flag burning, a few major case laws about the flag, pending Supreme Court cases regarding the American flag, the reasons for
the decisions made, how things have changed over time and some arguments for/against, pros/cons will be discussed so that we all...show more
content...
In 1969, the Supreme Court of the United States (U.S. Supreme Court) put forth rules allowing the burning of the flag to be protected under the
First Amendment. The U. S. Supreme Court first ruled on flag discretion in 1907 in the Halter v. Nebraska case. Prior to this ruling flag discretion
statues strictly prohibited the burning of the American flag , as well as, disrespecting the flag in any way shape or form. In 1968, Congress
reacted to the burning of the American flag in New York during a protest against the Vietnam War by passing the Federal Flag Desecration Law. In
a few court cases it has been declared that burning the American flag is only illegal if the flag has been stolen. When a flag is worn/torn the proper
way of disposing of the flag is to burn it; however, when disposing of a flag by burning it there are steps that should be followed in order to do so
honorably. The flag should be folded in its customary manner and then placed on a fire that is fairly large with sufficient intensity to ensure complete
burning of the flag. After placing the flag on the fire all individuals should come to attention, salute the flag while reciting the Pledge of Allegiance and
observing a brief moment of silence. Once the flag has been completely consumed the fire should be safely extinguished and the ashes should be buried.
Congress has made seven attempts to overrule the Supreme Court decision regarding the burning of the American flag by passing a constitutional
amendment that had an exception to the First Amendment and allowed the government to ban flag desecration. (Thelawdictionary.org,
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Essay On Flag Burning
In the US, over 15 million lawsuits have filed this year (Legal Process Reform). This is a large number. According to The Superior Court in Orange
County, people need to pay filing fee when they file cases (The Superior Court of California – County of Orange). Therefore, to solve the problem, the
government could increase the filing fee. If the fee is not reasonable, many people hesitate to file cases and the number of lawsuit would decrease.
2. According to The Law Dictionary," Furthermore, in a few court cases it has been declared that it is only illegal to burn the US flag if the flag
would be stolen (Is Flag Burning Illegal)." Since the law has changed in the 1980s, it should follow the new law that it is legal to burn the American
flag. Following past precedent something is usually sensible to...show more content...
According to The Washington Post Company, "Nearly 60 percent of employees who quit a job or are asked to leave are stealing company data."
Company date includes customers' personal information such as name, gender, age and email adress. Stealed information might be exploited. The
information is trade secret and a business should keep trade secret (Trade Secret). Therefore, a business must keep customer safe from employees.
At nightcluds and bars, some people get into fights often. According to Injury Claim Coach,"Under the legal doctrine of premises liability, bar
owners must do everything reasonably possible to ensure the safety and wellbeing of their patrons. Unfortunately, there aren't any laws you can look
up that specify what is "reasonable" and what's not. " Owners must protect customers from other customers, but there is no law. In case of bars' or
nightclubs' owners, "owners to a high legal duty of care (obligation) to do everything reasonably possible to protect their patrons from foreseeable
harm (Injury Claim Coach)." If customers drink a lot of alcohole, they may be slip or fall. Owners must predict those situation and try to protect their
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Essay about Against Making Flag Burning Illegal
Flag Burning
There is a great travesty going on in America right now. Everyday, people are fighting to stop one of America's greatest freedoms, the freedom of
speech. Even this way of exercising America's greatest amendment, freedom of speech, is not liked by all people it is still protected under our nation's
law. The act of publicly burning anAmerican flag is something that is deemed disgraceful by many Americans, but it should not be outlawed.
Many people are offended by the act of publicly burning an American flag and feel it should be outlawed based on the fact that it is offensive to the
citizens of this country. Although this may be true, people still have the right to protest. This was upheld in aSupreme Court case...show more content...
The flag is a symbol of the United States, and what happens to the flag does not directly affect the United States, therefore it should not be outlawed.
The supporters who want to outlaw the act of publicly burning a flag feel that it is demeaning to the United States. Although this may be true and many
Americans feel this way, our country was built on the understanding and ability of every person to protest the actions of the government. Rep. Randy
Cunningham, a supporter for the ban of flag burning, said on the House floor "To watch somebody burn the American flag represents a destruction of
[the United State's] values, of [the United State's] ideas and of [the United State's] thoughts."(Cong. Rec. July 2000.) Although this claim is a very good
one, I believe the better truth was stated during a U.S. Supreme Court Case. In the case United States v. Eichman it was stated "But the mere destruction
or disfigurement of a particular physical manifestation of the symbol, without more, does not diminish or otherwise affect the symbol itself in any
way"(3). This statement shows one of the underlining problems with the people who argue that flag burning should be outlawed. The flag is a symbol
of this country, and in no way does burning the flag actually affect this country. Even the veterans of our wars feel that outlawing flag burning is
something that should never be done. MSGT. (R) Marvin Virgil Stenhammar said, "Any country that
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Research Paper On Flag Burning
The thought of the flag burning in my head makes me wonder what would make someone come to such an action. The reasons I believe that the
burning of the flag is freedom of speech, it's to show ones anger against the government and its actions toward the public and to the American citizens.
Protecting the flag from Desecration is against free speech. The flag its self represents are right to freedom and to the pursuit happiness. There for
burning the flags is in its self a sign that one's freedom has been taken. The burning of a country's flag symbolizes a person's urge to get the attention of
the public and the government to show them what has been done and why the burning of the flag was proper. The Government should express that
there citizens
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As to whether the first amendment, from the very constitution that was made to protect freedom of expression, should protect flag burning. Flag
burning has been a way in which people have been able to symbolize their feelings towards a certain event or topic. This use of symbolism should be
protected by the first amendment, because it is a form of expression, which the first amendment protects, and the American people are not affected by
this in a way that will harm them. The United States of America was found on freedom of speech and expression. In Ronald J. AllenВґs editorial title
American Flag Stands for Tolerance, he statesВЁIt is, thus, no surprise that the 1st Amendment is where it is in the Bill of Rights, for it is first in
importance.ВЁ The declaration of Independence was the original document that declared our freedom from the oppression of EnglandВґs crown, and
in it the founding fathers stated that everyone deserves the freedom to express themselves in whatever way they seem fit, until it puts others in danger.
If flag burning were to be exceptionized from the first amendment, we would be reversing the progress the founders of our nation fought for. To
restrict someone from burning a flag, as long as they have the burning in control and are not trying to harm others, would be oppressing them. One
person performing an action at a small, harmless scale will not affect our nation as a whole and bring its end. Through time, multiple events have
happened
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Burning The United States Flag

  • 1. Burning The United States Flag Burning the United States Flag Through the years of America, there have been multiple accounts of flag desecration. Flag desecration is a term that is used to describe a various set of acts that intentionally destroy, damage, or mutilate a flag in public, and in this case, the American flag. Citizen's typically doing this treasonous act when they want to make a political point against their country or policies in the country or another country. Some of these actions include: burning it, urinating or defecating on it, defacing it with slogans, stepping upon it, damaging it with stones or guns, cutting or ripping it, verbally insulting it, or dragging it on the ground. A few countries have laws that forbid the methods or just uses of this...show more content... The court said the government cannot "carve out a symbol of unity and prescribe a set of approved messages to be associated with that symbol . . ." The court also said that the flag burning did not cause or threaten to cause a breach of the peace. After this happened, Texas asked the Supreme Court to look at their situation and Johnson's case. In result to this case, the majority of the court noted that the Texas law discriminated upon the law. They feel that this act might bring up anger in other people and more flag burning. The majority of the court also agreed that Johnson had the right to use that form of symbolic speech because it is protected by the first amendment. They find this act is very offensive, but the society's outrage alone is not justification for depressing Johnson's freedom of speech. The first amendment, as written in the constitution, forbids the abridgement of "speech", but we have not taken upon the writing that it spreads past spoken and written. Any citizen has the wright to use his or her form of "speech" in his or way of choosing. These forms can be in words, or written down on paper. These ways of speech can also be used in actions, and these actions can express an idea of language as well. When Johnson decided to burn the American flag, he was using his form of speech to get his point across to the new president. When the state came after him, they were in the wrong because of this amendment. Because of this, it was Get more content on HelpWriting.net
  • 2. The Pros And Cons Of Flag Burning A public flag burning in protest of a recently enacted law and the advertisement for potato chips found on a billboard are protected by the First Amendment's Free Speech Clause. The behavior of the flag burning is protected under the First Amendment's guarantee of free speech (Hall, 2015). Consequently, the flag burning is considered an expression of one's symbolic speech. The Supreme Court ruled that flag burning is protected under the First Amendment (Hall, 2015). This right applies to protest, demonstrations, performances, advertisements, artistic endeavors all of these are means of expression (Hall, 2015). Notwithstanding, this protects the advertisement on a billboard. The First Amendment protect commercial speech, such as advertising, Get more content on HelpWriting.net
  • 3. The Pros And Cons Of Flag Burning On August 22, 1984, Gregory Lee Johnson was arrested for setting the U.S. flag on fire. His simple act of protest led to the Supreme Court ruling that flag burning is protected under the First Amendment as free speech, thus overturning his conviction. The flag symbolizes freedom, and part of that freedom is being able to express dissatisfaction with the government. However, some see flag burning not merely as a demonstration of opinion, but as an attack on national unity and American values. Should it be illegal to burn the U.S. flag as an form of protest, or is this method within the rights of American citizens? Johnson set the stars and stripes ablaze at the 1984 Republican National Convention after participating in a protest march against ...show more content... Concerning the outcome of Texas v. Johnson, Justice William Brennan delivered the opinion of the court: "If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." Flag burning may be offensive to loyal Americans, but it is not threatening enough by itself to justify punishment. Brennan also stated that "we do not consecrate the flag by punishing its desecration, for in so doing we dilute the the freedom that this cherished emblem represents." In Johnson's case, the Supreme Court valued constitutional principles rather than patriotic preferences. The Supreme Court's stance on flag burning has remained the same since. Nevertheless, thirty years after United States v. Eichman, there is still controversy over whether or not it should be legal. A recent example of the present discussion on flag burning is a tweet made by President Donald Trump in 2016: "Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!" However, without a reason to change the law besides personal opinion, the Supreme Court is not likely to reverse their decision and make flag burning Get more content on HelpWriting.net
  • 4. Essay On Burning The American Flag The United States is well–known for its principles of freedom and democracy, which is demonstrated through the First Amendment's Free Speech Clause. Thus, American citizens can openly discuss political matters; criticize the President and his Cabinet on television, radio talk show or in the newspaper; or publicly protest against the government tax policy. However, Free Speech protection becomes debatable when some American citizens burn the nation's flag to express their disagreement to the government. The act of burning the American Flag should be constitutionally protected under the First Amendment's Free Speech Clause because the act is a symbolic expression that communicates an individual's idea or opinion about his nation; and that...show more content... This debate has been a major one before and after the decision of Supreme Court on this case. II. Flag burning as a symbolic act, symbolic counter speech and the original meaning of the First Amendment's Free Speech Clause a) Flag burning is a symbolic act The act of burning the American flag is definitely a symbolic expression for the flag itself is symbolic by definition and expression is the purpose of the flag (Arbukle, 22). In other words, the American flag represents the nation's symbol and the individual acts on it to express ideas or political opinions. According to Mark Arbukle, displaying the flag is a form of symbolic expression, so it would be unfair and illogical if burning the flag is not a symbolic expression. Using the same logic, if burning the flag is restricted then displaying the flag can be restricted as well. It is difficult to exclude either of them from Free Speech protection because after all, they always serve for a political purpose due to the flag nature as a symbol of the country. According to Tiersma, an act, in order to be considered as "speech" should qualify two criteria. First of all, the act needs to have meaning. Secondly, the actor must intend to convey a message through his act (Tiersma, 1557–1562). Burning the American qualifies the first criterion because it is a symbolic expression by definition. Yet, it does not qualify Get more content on HelpWriting.net
  • 5. Flag Burning Name Professor Class Date Freedom of Speech: Flag Burning Flag burning has been one of the most controversial forms of nonviolent protests. It is often linked with the Middle East and Hezbollah with depictions of Arabs against President Bush burning the American flag. Americans are intimidated and threatened by this action, but that does not make it illegal. Supreme Court rulings have upheld that peaceful flag desecration is a form of political speech that should be protected by our Constitution (Flag Burning Myths). This decision is the most logical. Even with all of the disruption this act may cause, flag burning should not be banned. Before even arguing to keeps the laws the way they are, take a look at the logic that is...show more content... Johnson was punished by having to serve a one year jail sentence and a fine for two thousand dollars (Oyez). After he paid his fine and served his jail time, he took his case to the Supreme Court where it was fount that desecration of the flag was protected as a freedom of expression under the First Amendment (Oyez). This was the landmark case that defined flag burning and the Courts logically stated "that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable" (Oyez). Flag burning is not intended to represent violence; that is not to be confused with protest. There needs to be a proper time, place and valid reason to show support for a certain view. There should be little to no tollerance for "attempts to incite voilence and create a hostile environment" (When Hezbollah). A person cannot go with irrational anger to shove his two–cents down the throats of all the surrounding people. Flag burning is to be thought of more as a demonstration to attract attention and spread around an ucommon thought reather than a disruption in society. A large group of people have correlating opinions with the world–reknownd transcendentalist author Hendry David Thoreau. Thoreau states in his work Civil Disobedience that "all men recognize the right of revolution; that is, the right to refuse allegience to, and to resist, the government, when its tyranny Get more content on HelpWriting.net
  • 6. Essay On Flag Burning Controversy of Flag Burning "The Congress shall have power to prohibit the physical desecration of the flag of the United States (Corn–Revere)." This quote shows the controversy of the First Amendment in the Bill of Rights. Many people today believe that the freedom to express their opinions is a founding principle that can never be taken away. In order to understand Flag Burning, one must interpret and analyze the Constitution and the First Amendment. During the time period of 1897–1932 the Civil War took place, which lead to the controversy of the American Flag. Through this disagreement two sides were created, one being the Southerners and the other being the Business Tendency who seen the Flag as just a logo (Head). For many years the flag was just considered a symbol of one side until September 17th 1787, when the Constitution was signed. Nine out of...show more content... Therefore the ones who are expressing their opinions are being put down due to the fact society thinks they are hating on their country. Two wrongs do not make a right but society is being unequal when it comes to the liberty and the right to speak freely (Cohen). By expressing America`s "fake" values burning flags brings a form of hatred or a sense of broadcast for all to see and for one to bash America (Cohen).Protesters come together publicly to be seen or to have publicity (Cohen). The American Flag is considered the Nation's incarnate, which allows the nations to represent itself in a form of representation or represent spiritual values (Against Flag Burning).While in the act of irresponsibly burning the Stars and Strips it shows lack of standards and a weak stand for freedom. Our flag stands for free speech and equality of men which should never be proven lower than displayed (Against Flag Burning)."To burn the flag is to burn one's family, one's leaders, one's people (Against Flag Get more content on HelpWriting.net
  • 7. The Argument Against Burning The American Flag The citizens of this great nation, The United States of America, should uphold, have respect, have gratitude, and have honor when it comes to dealing this great nation's beautiful flag. The people of this great nation who decide to set fire to Old Glory could face some major consequences. Some of these consequences may come in a variety of forms, such as fire hazards, riots, and sometimes even death. One of the main arguments against burning our great nation's flag is that the people who have fought for the American flag and all that it stands for, tend to feel disrespected. The article Flag Burning Amendment states that "Burning the nation's flag shows disrespect to America". "It provokes feelings of anger and disgust. But punishing citizens for using their personal property to express their personal views violates the very ideas that animate our constitution with meaning". Furthermore there are some people that believe the American flag should not be considered someone's personal property, but perhaps it should considered as the government's property instead. It should be held in high regard like some people's bibles or other religious items. The American flag should also be considered a very sacred item. Obviously flag burning is a fire hazard that can have a very harmful outcome to the environment and all of its surroundings. Another argument that is stated in the E.M.S.A. says "Many materials in clothing can burn" (E.M.S.A). "Consider the Get more content on HelpWriting.net
  • 8. Flag Burning Scenarios The First Amendment of the Bill of Rights protects the freedom of speech, religion, and press form government limitations and over reach. The acts of burning an American Flag in protest, a company's billboard advertisement, and a person choosing to or not to place their hand over their heart are for the national anthem are all examples of what the Supreme Court of the United States has ruled as expressions of speech and are covered actions by the First Amendment. The Supreme Court has ruled that the First Amendment does not only protect just written and spoken rules but also any action that intends to relay or display a message (Hall, 2015). Of the three scenarios given, the flag burning scenario has established case law in Texas v Gregory Get more content on HelpWriting.net
  • 9. The Benefits Of Flag Burning Was it right for Johnson to burn the flag? It was under federal law in 48 of 50 states in the U.S. to desecrating an American flag and it was also a criminal offense in Texas. Freedom of speech should not apply to flag burning because of "intangible dimension" of the flag's deeply symbolic value others maintain that flag burning establishes rejection of the system that protects freedom of speech It was under federal law in 48 of 50 states in the U.S. to desecrating an American flag and it was a criminal offense in Texas because burning the flag isn't a right to freedom of speech. Due to the face that flag burning will endanger the flag's symbolic meaning and flag burners know that burning the American will seriously affect others. Freedom Get more content on HelpWriting.net
  • 10. Burning the American Flag Essay Burning the American Flag The American flag consists of thirteen horizontal stripes, with seven red stripes alternating among six white. In the upper left corner there is a rectangular blue space that contains fifty white stars. The thirteen stripes symbolize the thirteen original colonies of the United states of America and the stars represent the fifty states of the Union. White is said to symbolize purity and innocence. Red symbolizes strength and courage, and blue symbolizes vigilance, perseverance and justice. The flag in simple words is a piece of cloth that has meaning. The flag stands for everything in our country's past. The issue of burning the American flag, as a means of expression is continuously argued today. Many...show more content... Every time America has come out of war, the flag has stood strong. In 1989 the United States Supreme Court ruled that burning the American flag was a form of symbolic speech and therefore was protected by the United States Constitution. What would happen if they took away the right of freedom of speech? How would people express their feelings and emotions towards the government? Many people would feel as though the government was attacking the basis of one of our nation's strongest beliefs. Many would argue over this situation. Protestors would raise all sorts of questions. What is a free nation that does not allow political disagreement? What is a free nation that will not allow itself to be spoken out against? What is a free nation that wants to punish those who oppose its hypocritical principals? There are always at least two different viewpoints on certain principles that raise question. A neutral position is also held when people can't choose between two different standpoints. The position that I hold is a neutral position. I defend certain beliefs for burning the flag, and not burning it. In my opinion, I think that burning the flag is one of the worst things that a citizen can do for its country. I feel that if you burn your own country's flag it is somewhat of a betrayal on the country's history and past. Many people have pride in their country, as many American's do, and when a flag is burned in Get more content on HelpWriting.net
  • 11. Flag Burning Essays 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. 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...show more content... While the Republican National Convention was taking place in Dallas in 1984, respondent Johnson participated in a political protest. The purpose of this event was to protest the policies of the Reagan administration and of certain Dallas–based corporations. The demonstrators marched through the Dallas streets, chanting political slogans and stopping at several corporate locations to dramatize the consequences of nuclear war. On several occasions they spray–painted the walls of buildings and overturned potted plants, but Johnson himself took no part in such activities. He did, however, accept an American flag handed to him by a fellow protestor. The demonstration ended in front of Dallas City Hall, where Johnson unfolded the American flag, drenched it with kerosene, and set it on fire. While the flag burned, the protestors chanted. No one was physically injured or threatened with injury, though several witnesses had said that they had been seriously offended by the flag burning. Of all of the demonstrators, Johnson was the only person charged with a crime. The only criminal offense with which he was charged was the desecration of a venerated object. After a trial, he was convicted, sentenced to one year in prison, and fined $2,000. The Court of Appeals for the Fifth District of Texas at Dallas affirmed Johnson's conviction, but the Texas Court of Get more content on HelpWriting.net
  • 12. Flag Burning Persuasive Essay While people have the right to protest and say what they want through words or actions, it is wrong to desecrate one's country by burning the flag because it is disrespectful to the ones who have fought for the country. Many people are against it including the president, but he can not legally stop them from doing it. It is their constitutional right to protest this way because it is a form of speech and the Framers of the Constitution guaranteed freedom of speech and expression to the citizens of the United States with the First Amendment, which reads, in part, "Congress shall make no law abridging the freedom of speech." ("Freedom of Speech"). They're getting their message across by using actions rather than words therefore they can not be told to do other wise according to the first amendment in the constitution (Kopan). Protesters have burned the flag in many protests to say that "America is going down in flames" according to one college student during a protest on the D.C. college campus (Kopan). It has been a method used since the vietnam war for protesters to say what they need to say. It has been an issue that congress has been working on for years to resolve on whether or not flag burning should be banned or not. Many say it should and I agree but legally they can not bane it because it is a form of speech and to do so would mean going against the constitution which would lead to many more protests (Svrluga). Almost since the adoption of the Bill of Rights, however, Get more content on HelpWriting.net
  • 13. The Importance Of Flag Burning Now that we have a better understanding of the definition, we can see how flag burning is protected by the First Amendment. I believe flag burning should be protected by the First Amendment because it does not cause any physical or psychological harm to another human. To better understand why I believe flag burning should be protected, we have to go back to when it first became a major topic of discussion in America. In 1984, Johnson participated in a political demonstration to protest the Reagan administration policies. During the protest, Johnson burned an American flag in front of Dallas City Hall (Texas). No one was physically hurt or threatened, but the flag burning did offend most of the witnesses. According to "Texas vs Johnson", Johnson was arrested and convicted of flag discretion under Texas law. He was sentenced to one year in jail and had to pay a $2,000 fine (Texas). According to "Facts and Case Summary–Texas v. Johnson", Johnson argued that his actions were symbolic speech and it was protected by the First Amendment (Facts). Johnson's case was taken to the Supreme Court. The Supreme court ruled that his actions were protected by the First Amendment (Texas). "Texas vs Johnson" states, "The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech" (Texas). Johnson's flag burning did offend many people, but it did not harm anyone. According to Mill's harm principle, the only time the government Get more content on HelpWriting.net
  • 14. Flag Burning Research Paper Flag Burning "The [American] flag uniquely symbolizes the ideas of liberty, equality and tolerance – ideas that Americans have passionately defended and debated throughout our history. Thus, the Government...should protect the symbolic values of the flag" wrote Justice John Paul Stevens in the Texas v. Johnson (1989) Supreme Court Case (History of Flag Burning). Justice Antonin Scalia agreed, "If it were up to me, I would put in jail every...wierdo who burns the American flag" 9. However these Justices may have felt personally, this was not the result of the vote. In 1989, the Supreme Court defended flag burning as part of the First Amendment freedom of expression. I am forced to agree with this decision because the First Amendment clearly Get more content on HelpWriting.net
  • 15. Pros And Cons Of American Flag Burning The American Flag The American Flag is symbol of freedom to those individuals living in the United States. To the soldiers who fight for our freedom, seeing the flag they honor and salute disgraced and disrespected is like a "slap in the face". Topics discussed throughout this paper are as follows The Star Spangled Banner, American traditions involving the flag, how to fold the flag and what each fold symbolizes, how to properly handle and when/when not to fly the flag as well as, flag burning, a few major case laws about the flag, pending Supreme Court cases regarding the American flag, the reasons for the decisions made, how things have changed over time and some arguments for/against, pros/cons will be discussed so that we all...show more content... In 1969, the Supreme Court of the United States (U.S. Supreme Court) put forth rules allowing the burning of the flag to be protected under the First Amendment. The U. S. Supreme Court first ruled on flag discretion in 1907 in the Halter v. Nebraska case. Prior to this ruling flag discretion statues strictly prohibited the burning of the American flag , as well as, disrespecting the flag in any way shape or form. In 1968, Congress reacted to the burning of the American flag in New York during a protest against the Vietnam War by passing the Federal Flag Desecration Law. In a few court cases it has been declared that burning the American flag is only illegal if the flag has been stolen. When a flag is worn/torn the proper way of disposing of the flag is to burn it; however, when disposing of a flag by burning it there are steps that should be followed in order to do so honorably. The flag should be folded in its customary manner and then placed on a fire that is fairly large with sufficient intensity to ensure complete burning of the flag. After placing the flag on the fire all individuals should come to attention, salute the flag while reciting the Pledge of Allegiance and observing a brief moment of silence. Once the flag has been completely consumed the fire should be safely extinguished and the ashes should be buried. Congress has made seven attempts to overrule the Supreme Court decision regarding the burning of the American flag by passing a constitutional amendment that had an exception to the First Amendment and allowed the government to ban flag desecration. (Thelawdictionary.org, Get more content on HelpWriting.net
  • 16. Essay On Flag Burning In the US, over 15 million lawsuits have filed this year (Legal Process Reform). This is a large number. According to The Superior Court in Orange County, people need to pay filing fee when they file cases (The Superior Court of California – County of Orange). Therefore, to solve the problem, the government could increase the filing fee. If the fee is not reasonable, many people hesitate to file cases and the number of lawsuit would decrease. 2. According to The Law Dictionary," Furthermore, in a few court cases it has been declared that it is only illegal to burn the US flag if the flag would be stolen (Is Flag Burning Illegal)." Since the law has changed in the 1980s, it should follow the new law that it is legal to burn the American flag. Following past precedent something is usually sensible to...show more content... According to The Washington Post Company, "Nearly 60 percent of employees who quit a job or are asked to leave are stealing company data." Company date includes customers' personal information such as name, gender, age and email adress. Stealed information might be exploited. The information is trade secret and a business should keep trade secret (Trade Secret). Therefore, a business must keep customer safe from employees. At nightcluds and bars, some people get into fights often. According to Injury Claim Coach,"Under the legal doctrine of premises liability, bar owners must do everything reasonably possible to ensure the safety and wellbeing of their patrons. Unfortunately, there aren't any laws you can look up that specify what is "reasonable" and what's not. " Owners must protect customers from other customers, but there is no law. In case of bars' or nightclubs' owners, "owners to a high legal duty of care (obligation) to do everything reasonably possible to protect their patrons from foreseeable harm (Injury Claim Coach)." If customers drink a lot of alcohole, they may be slip or fall. Owners must predict those situation and try to protect their Get more content on HelpWriting.net
  • 17. Essay about Against Making Flag Burning Illegal Flag Burning There is a great travesty going on in America right now. Everyday, people are fighting to stop one of America's greatest freedoms, the freedom of speech. Even this way of exercising America's greatest amendment, freedom of speech, is not liked by all people it is still protected under our nation's law. The act of publicly burning anAmerican flag is something that is deemed disgraceful by many Americans, but it should not be outlawed. Many people are offended by the act of publicly burning an American flag and feel it should be outlawed based on the fact that it is offensive to the citizens of this country. Although this may be true, people still have the right to protest. This was upheld in aSupreme Court case...show more content... The flag is a symbol of the United States, and what happens to the flag does not directly affect the United States, therefore it should not be outlawed. The supporters who want to outlaw the act of publicly burning a flag feel that it is demeaning to the United States. Although this may be true and many Americans feel this way, our country was built on the understanding and ability of every person to protest the actions of the government. Rep. Randy Cunningham, a supporter for the ban of flag burning, said on the House floor "To watch somebody burn the American flag represents a destruction of [the United State's] values, of [the United State's] ideas and of [the United State's] thoughts."(Cong. Rec. July 2000.) Although this claim is a very good one, I believe the better truth was stated during a U.S. Supreme Court Case. In the case United States v. Eichman it was stated "But the mere destruction or disfigurement of a particular physical manifestation of the symbol, without more, does not diminish or otherwise affect the symbol itself in any way"(3). This statement shows one of the underlining problems with the people who argue that flag burning should be outlawed. The flag is a symbol of this country, and in no way does burning the flag actually affect this country. Even the veterans of our wars feel that outlawing flag burning is something that should never be done. MSGT. (R) Marvin Virgil Stenhammar said, "Any country that Get more content on HelpWriting.net
  • 18. Research Paper On Flag Burning The thought of the flag burning in my head makes me wonder what would make someone come to such an action. The reasons I believe that the burning of the flag is freedom of speech, it's to show ones anger against the government and its actions toward the public and to the American citizens. Protecting the flag from Desecration is against free speech. The flag its self represents are right to freedom and to the pursuit happiness. There for burning the flags is in its self a sign that one's freedom has been taken. The burning of a country's flag symbolizes a person's urge to get the attention of the public and the government to show them what has been done and why the burning of the flag was proper. The Government should express that there citizens Get more content on HelpWriting.net
  • 19. As to whether the first amendment, from the very constitution that was made to protect freedom of expression, should protect flag burning. Flag burning has been a way in which people have been able to symbolize their feelings towards a certain event or topic. This use of symbolism should be protected by the first amendment, because it is a form of expression, which the first amendment protects, and the American people are not affected by this in a way that will harm them. The United States of America was found on freedom of speech and expression. In Ronald J. AllenВґs editorial title American Flag Stands for Tolerance, he statesВЁIt is, thus, no surprise that the 1st Amendment is where it is in the Bill of Rights, for it is first in importance.ВЁ The declaration of Independence was the original document that declared our freedom from the oppression of EnglandВґs crown, and in it the founding fathers stated that everyone deserves the freedom to express themselves in whatever way they seem fit, until it puts others in danger. If flag burning were to be exceptionized from the first amendment, we would be reversing the progress the founders of our nation fought for. To restrict someone from burning a flag, as long as they have the burning in control and are not trying to harm others, would be oppressing them. One person performing an action at a small, harmless scale will not affect our nation as a whole and bring its end. Through time, multiple events have happened Get more content on HelpWriting.net