The document is an outline and draft essay arguing that burning the American flag should not be protected as free speech under the First Amendment. The author proposes that the 1989 Supreme Court decision ruling flag burning as symbolic speech was made in error. The outline includes sections refuting opposing arguments, and the draft essay further develops the position that burning the flag is an act of sedition, not protected speech, and should be considered illegal.
Gregory Johnson burned an American flag during a political protest and was convicted under Texas law of desecrating a flag. The Supreme Court ruled that flag burning is a form of symbolic speech protected by the First Amendment. While some found the flag burning offensive, causing offense is not enough to prohibit speech. The Court determined that Johnson's actions were a protected form of expression and symbolic speech under the freedom of speech clause of the First Amendment.
In 1984, Gregory Lee Johnson burned an American flag in front of Dallas City Hall as a protest. He was convicted of desecrating a respected object under Texas law and sentenced to prison. However, the Texas Court of Criminal Appeals overturned the conviction, finding that burning the flag was protected speech under the First Amendment. The state of Texas appealed to the Supreme Court. In 1989, the Supreme Court ruled 5-4 that flag burning constituted expressive conduct protected by the First Amendment. This case established that flag burning is a form of protected free speech.
Gregory Lee Johnson burned an American flag during a political protest in 1984 and was convicted under a Texas law banning flag desecration. The Supreme Court ultimately ruled 5-4 that Johnson's flag burning was a protected form of free speech under the First Amendment. The Court determined that symbolic acts like flag burning can be a form of political expression, and that the government cannot ban certain symbols or messages just because some may find them offensive.
Gregory Lee Johnson was convicted under Texas law for burning an American flag in protest of Reagan administration policies in 1984. The Supreme Court was tasked with determining if flag burning constituted protected speech under the First Amendment. In a 5-4 decision, the Court held that Johnson's flag burning was expressive conduct protected by freedom of speech. The Court found that the Texas law banning flag desecration was unconstitutional.
Gregory Johnson burned an American flag during a political protest and was convicted under a Texas law prohibiting desecration of respected objects. He appealed his conviction, and the case went all the way to the Supreme Court. In a 5-4 decision, the Supreme Court ruled that Johnson's flag burning was a form of protected free speech under the First Amendment. The decision was controversial and impacted future debates around expressing political views by burning the American flag.
Gregory Johnson was protesting nuclear weapons by burning an American flag at a political demonstration. He was convicted of desecrating a venerated object but appealed, citing freedom of speech. The Supreme Court ruled in Texas v. Johnson that symbolic speech like flag burning is protected by the First Amendment. The decision established that the government cannot outlaw expressions of political ideas simply because some find them offensive.
Gregory Lee Johnson burned an American flag during a protest in 1984. He was arrested under a Texas law prohibiting desecration of venerated objects. The Supreme Court ultimately ruled 5-4 in Texas v. Johnson that flag burning is a form of protected free speech under the First Amendment. While the state argued its interests in preserving national unity were more important, the Court found that Johnson's actions did not cause harm or breach the peace. The decision established that symbolic speech like flag burning is constitutionally protected.
This document summarizes the 2008 Supreme Court case District of Columbia v. Heller, which ruled that the Second Amendment protects an individual's right to possess firearms for self-defense within their home. The case was brought by Dick Heller and Shelly Parker challenging the District of Columbia's ban on handgun registration and requirement to store firearms disassembled or locked. The Supreme Court ultimately ruled 5-4 that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a militia.
Gregory Johnson burned an American flag during a political protest and was convicted under Texas law of desecrating a flag. The Supreme Court ruled that flag burning is a form of symbolic speech protected by the First Amendment. While some found the flag burning offensive, causing offense is not enough to prohibit speech. The Court determined that Johnson's actions were a protected form of expression and symbolic speech under the freedom of speech clause of the First Amendment.
In 1984, Gregory Lee Johnson burned an American flag in front of Dallas City Hall as a protest. He was convicted of desecrating a respected object under Texas law and sentenced to prison. However, the Texas Court of Criminal Appeals overturned the conviction, finding that burning the flag was protected speech under the First Amendment. The state of Texas appealed to the Supreme Court. In 1989, the Supreme Court ruled 5-4 that flag burning constituted expressive conduct protected by the First Amendment. This case established that flag burning is a form of protected free speech.
Gregory Lee Johnson burned an American flag during a political protest in 1984 and was convicted under a Texas law banning flag desecration. The Supreme Court ultimately ruled 5-4 that Johnson's flag burning was a protected form of free speech under the First Amendment. The Court determined that symbolic acts like flag burning can be a form of political expression, and that the government cannot ban certain symbols or messages just because some may find them offensive.
Gregory Lee Johnson was convicted under Texas law for burning an American flag in protest of Reagan administration policies in 1984. The Supreme Court was tasked with determining if flag burning constituted protected speech under the First Amendment. In a 5-4 decision, the Court held that Johnson's flag burning was expressive conduct protected by freedom of speech. The Court found that the Texas law banning flag desecration was unconstitutional.
Gregory Johnson burned an American flag during a political protest and was convicted under a Texas law prohibiting desecration of respected objects. He appealed his conviction, and the case went all the way to the Supreme Court. In a 5-4 decision, the Supreme Court ruled that Johnson's flag burning was a form of protected free speech under the First Amendment. The decision was controversial and impacted future debates around expressing political views by burning the American flag.
Gregory Johnson was protesting nuclear weapons by burning an American flag at a political demonstration. He was convicted of desecrating a venerated object but appealed, citing freedom of speech. The Supreme Court ruled in Texas v. Johnson that symbolic speech like flag burning is protected by the First Amendment. The decision established that the government cannot outlaw expressions of political ideas simply because some find them offensive.
Gregory Lee Johnson burned an American flag during a protest in 1984. He was arrested under a Texas law prohibiting desecration of venerated objects. The Supreme Court ultimately ruled 5-4 in Texas v. Johnson that flag burning is a form of protected free speech under the First Amendment. While the state argued its interests in preserving national unity were more important, the Court found that Johnson's actions did not cause harm or breach the peace. The decision established that symbolic speech like flag burning is constitutionally protected.
This document summarizes the 2008 Supreme Court case District of Columbia v. Heller, which ruled that the Second Amendment protects an individual's right to possess firearms for self-defense within their home. The case was brought by Dick Heller and Shelly Parker challenging the District of Columbia's ban on handgun registration and requirement to store firearms disassembled or locked. The Supreme Court ultimately ruled 5-4 that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a militia.
The case of McDonald v. Chicago challenged Chicago's ban on handgun ownership. Otis McDonald, a resident of Chicago, believed the ban violated his Second Amendment right to self-defense. The Supreme Court ultimately ruled 5-4 that the Second Amendment right to keep and bear arms is incorporated through the Fourteenth Amendment due process clause, and therefore applies to states and local governments. This overturned Chicago's handgun ban by finding it unconstitutional. The majority opinion affirmed an individual's right of self-defense extends to firearm ownership, though regulations are allowed. Dissenting justices argued the Fourteenth Amendment does not protect this right. The ruling strengthened gun rights and impacted regulations nationwide.
The document discusses several Supreme Court cases related to freedom of speech and incorporation of rights under the 14th Amendment. It summarizes key cases like Gitlow v. New York, which established that the First Amendment applies to states, and Near v. Minnesota, which established that prior restraint of publication is unconstitutional. It also discusses obscenity cases like Roth v. United States and challenges defining obscenity. Additional cases covered include Bethel School District v. Fraser, Morse v. Frederick on student speech rights, and Zurcher v. Stanford Daily on searches of newsrooms. The document examines how rights like free speech and expression can conflict with other values and how the Court seeks to balance such rights.
The document outlines a chapter that discusses civil liberties and public policy in the United States. It covers several topics: the Bill of Rights and how its protections have been applied to states; freedom of religion and the establishment and free exercise clauses; freedom of expression including various types of speech and limitations; freedom of assembly and the right to associate; the right to bear arms and recent Supreme Court cases; defendants' rights during criminal proceedings; the right to privacy and its application to abortion law; and how civil liberties both limit and expand the scope of government. Each section includes an introduction to key court cases and legal concepts.
The school principal objected to two articles in the May 13 issue of the school newspaper Spectrum. One article discussed students' experiences with pregnancy, the other discussed the impact of divorce on students at the school. The principal was concerned that the students mentioned could be identified, and that the articles contained inappropriate content. He ordered the pages with those articles removed. The student journalists sued, arguing their free speech rights were violated. The court must determine if school officials can censor student speech in school-sponsored publications.
The document discusses several Supreme Court cases related to freedom of speech and expression in schools. It outlines how students' constitutional rights are recognized but balanced against the educational mission of schools. Cases mentioned establish that speech can be regulated in schools if it substantially disrupts operations or violates others' rights. The document also briefly outlines how the First Amendment has been applied to areas like hate speech, symbolic speech, obscenity, libel, and freedom of assembly and association. It raises questions about drug messages and searches in schools under the First and Fourth Amendments.
This document summarizes key civil liberties protected by the US Constitution, including rights to free speech, privacy, due process, and prohibitions on cruel and unusual punishment. It outlines how rights like free speech were initially applied only to the federal government but have since been incorporated to also apply to state laws through amendments and court rulings. Specific cases are discussed that established or refined rights around issues like abortion, same-sex relations, search and seizure, death penalty procedures, and more.
The United States Constitution is the supreme law of the land. It was adopted on September 17, 1787 in Philadelphia, Pennsylvania by delegates to the Constitutional Convention, including George Washington, Benjamin Franklin, and James Madison. The First Amendment protects freedoms of religion, press, speech, and assembly.
The history of gun control in America began with the National Firearms Act of 1934, which imposed the first federal regulations such as a tax on certain firearms and requirements to register guns. Later, key Supreme Court cases like United States v. Miller in 1939 and Haynes v. United States in 1968 helped shape legislation and interpret the constitutionality of gun laws. More recent laws and cases like the District of Columbia v. Heller in 2008 have sought to balance the rights of gun ownership with regulations.
The document discusses the key freedoms protected by the First Amendment: freedom of religion, freedom of speech, freedom of the press, and the rights to peacefully assemble and petition the government. It provides examples of Supreme Court cases that have shaped the interpretation of these rights over time and describes how the government can reasonably regulate speech in some circumstances like times of war. The rights of prisoners and public employees to free expression are also addressed at a high level.
JUSTICE STEPHEN BREYER (Wikipedia Info)VogelDenise
Stephen Breyer is an Associate Justice of the U.S. Supreme Court, appointed in 1994 by President Bill Clinton. He previously worked as a law professor at Harvard and served as Chief Judge on the U.S. Court of Appeals for the First Circuit. Breyer is known for his pragmatic approach to constitutional law and generally associated with the liberal side of the Court. He wrote influential books on deregulation and administrative law.
The document discusses some of the legal pitfalls that journalists may face when gathering news and information. These include trespassing, harassment, secret recording without consent, and issues around subpoenas and warrants. Laws around freedom of information and privacy are also mentioned. Common challenges involve trespassing cases, debates around buffer zones for public figures, differing wiretapping laws between one-party and all-party consent states, and situations where reporters must reveal sources or have their private spaces searched.
This document provides guidance for writing a research paper, including requirements, acceptable sources, purpose, and structure. It recommends the paper be 3-5 pages long following APA style with at least 4 cited sources. The introduction should preview what is to come and include a clear thesis statement. The body should use quotes and summaries to support points rather than just share what others have done. Third person point of view should be used. The instructor is available for any questions.
Janie Smith has over 20 years of experience in retail management, training, and human resources. She has a BBA in Human Resources Management and is currently the Regional Lead Trainer for a mid-Atlantic retail company where she trains store managers. She is seeking a new career-oriented position that allows her to focus more on training, associate relations, and supporting company growth.
Este documento presenta información sobre una empresa de ropa juvenil llamada Teen Clothing. Provee detalles sobre su misión, visión, estructura organizacional, funciones de los trabajadores en ventas, marketing, y clasificación legal de la empresa. El objetivo principal de la empresa es proveer ropa de moda a precios accesibles para clientes jóvenes.
Este documento presenta una página web de lencería femenina que ofrece las últimas tendencias y un modelo en color rosa pálido con encajes a un costo de $60. La página da la bienvenida a los visitantes y promete las mejores tendencias.
This document describes a new minor in History of War & Society. The minor explores how civil and international wars have shaped politics, society, and culture through experiences of violence and conflict. Courses examine how wars create conditions for broader changes to concepts like territory, sovereignty, citizenship, gender, and race as people serve in battle and on the home front. The minor considers both military history and war's linkages to social, political, and cultural formations over time.
The Value of Aligning HR with the Business StrategyDavid Richter
A marketeers look at the value HR can bring to an organisation when aligned with the rest of the organisation's strategy. Looks at 2 examples, one of a company that gets it wrong, the other of a company who gets it right.
Managing stakeholder expectations is one of the most important tasks for a project manager. It involves identifying all stakeholders, understanding their interests and level of influence, and communicating with them throughout the project. Key tools for managing stakeholders include stakeholder analysis grids to categorize them, expectation management matrices to clarify priorities, and issue logs to track concerns. Project managers must treat all stakeholders equally, share information transparently, and encourage their participation to build commitment and ensure project success. Above all, clear and frequent communication between the project manager and stakeholders through various means is essential for meeting expectations.
Michael Punzo is an excellent candidate for admission to the university. He fully engaged in all assignments in his Public Speaking class, giving speeches on how 9/11 inspired him to pursue education and providing information on buying a home. As current SGA President, Michael launched programs to get students more involved on campus and prepare for life after college. The professor recommends Michael for admission, believing he will devote time to his studies and broaden his intellectual horizons at the university.
The case of McDonald v. Chicago challenged Chicago's ban on handgun ownership. Otis McDonald, a resident of Chicago, believed the ban violated his Second Amendment right to self-defense. The Supreme Court ultimately ruled 5-4 that the Second Amendment right to keep and bear arms is incorporated through the Fourteenth Amendment due process clause, and therefore applies to states and local governments. This overturned Chicago's handgun ban by finding it unconstitutional. The majority opinion affirmed an individual's right of self-defense extends to firearm ownership, though regulations are allowed. Dissenting justices argued the Fourteenth Amendment does not protect this right. The ruling strengthened gun rights and impacted regulations nationwide.
The document discusses several Supreme Court cases related to freedom of speech and incorporation of rights under the 14th Amendment. It summarizes key cases like Gitlow v. New York, which established that the First Amendment applies to states, and Near v. Minnesota, which established that prior restraint of publication is unconstitutional. It also discusses obscenity cases like Roth v. United States and challenges defining obscenity. Additional cases covered include Bethel School District v. Fraser, Morse v. Frederick on student speech rights, and Zurcher v. Stanford Daily on searches of newsrooms. The document examines how rights like free speech and expression can conflict with other values and how the Court seeks to balance such rights.
The document outlines a chapter that discusses civil liberties and public policy in the United States. It covers several topics: the Bill of Rights and how its protections have been applied to states; freedom of religion and the establishment and free exercise clauses; freedom of expression including various types of speech and limitations; freedom of assembly and the right to associate; the right to bear arms and recent Supreme Court cases; defendants' rights during criminal proceedings; the right to privacy and its application to abortion law; and how civil liberties both limit and expand the scope of government. Each section includes an introduction to key court cases and legal concepts.
The school principal objected to two articles in the May 13 issue of the school newspaper Spectrum. One article discussed students' experiences with pregnancy, the other discussed the impact of divorce on students at the school. The principal was concerned that the students mentioned could be identified, and that the articles contained inappropriate content. He ordered the pages with those articles removed. The student journalists sued, arguing their free speech rights were violated. The court must determine if school officials can censor student speech in school-sponsored publications.
The document discusses several Supreme Court cases related to freedom of speech and expression in schools. It outlines how students' constitutional rights are recognized but balanced against the educational mission of schools. Cases mentioned establish that speech can be regulated in schools if it substantially disrupts operations or violates others' rights. The document also briefly outlines how the First Amendment has been applied to areas like hate speech, symbolic speech, obscenity, libel, and freedom of assembly and association. It raises questions about drug messages and searches in schools under the First and Fourth Amendments.
This document summarizes key civil liberties protected by the US Constitution, including rights to free speech, privacy, due process, and prohibitions on cruel and unusual punishment. It outlines how rights like free speech were initially applied only to the federal government but have since been incorporated to also apply to state laws through amendments and court rulings. Specific cases are discussed that established or refined rights around issues like abortion, same-sex relations, search and seizure, death penalty procedures, and more.
The United States Constitution is the supreme law of the land. It was adopted on September 17, 1787 in Philadelphia, Pennsylvania by delegates to the Constitutional Convention, including George Washington, Benjamin Franklin, and James Madison. The First Amendment protects freedoms of religion, press, speech, and assembly.
The history of gun control in America began with the National Firearms Act of 1934, which imposed the first federal regulations such as a tax on certain firearms and requirements to register guns. Later, key Supreme Court cases like United States v. Miller in 1939 and Haynes v. United States in 1968 helped shape legislation and interpret the constitutionality of gun laws. More recent laws and cases like the District of Columbia v. Heller in 2008 have sought to balance the rights of gun ownership with regulations.
The document discusses the key freedoms protected by the First Amendment: freedom of religion, freedom of speech, freedom of the press, and the rights to peacefully assemble and petition the government. It provides examples of Supreme Court cases that have shaped the interpretation of these rights over time and describes how the government can reasonably regulate speech in some circumstances like times of war. The rights of prisoners and public employees to free expression are also addressed at a high level.
JUSTICE STEPHEN BREYER (Wikipedia Info)VogelDenise
Stephen Breyer is an Associate Justice of the U.S. Supreme Court, appointed in 1994 by President Bill Clinton. He previously worked as a law professor at Harvard and served as Chief Judge on the U.S. Court of Appeals for the First Circuit. Breyer is known for his pragmatic approach to constitutional law and generally associated with the liberal side of the Court. He wrote influential books on deregulation and administrative law.
The document discusses some of the legal pitfalls that journalists may face when gathering news and information. These include trespassing, harassment, secret recording without consent, and issues around subpoenas and warrants. Laws around freedom of information and privacy are also mentioned. Common challenges involve trespassing cases, debates around buffer zones for public figures, differing wiretapping laws between one-party and all-party consent states, and situations where reporters must reveal sources or have their private spaces searched.
This document provides guidance for writing a research paper, including requirements, acceptable sources, purpose, and structure. It recommends the paper be 3-5 pages long following APA style with at least 4 cited sources. The introduction should preview what is to come and include a clear thesis statement. The body should use quotes and summaries to support points rather than just share what others have done. Third person point of view should be used. The instructor is available for any questions.
Janie Smith has over 20 years of experience in retail management, training, and human resources. She has a BBA in Human Resources Management and is currently the Regional Lead Trainer for a mid-Atlantic retail company where she trains store managers. She is seeking a new career-oriented position that allows her to focus more on training, associate relations, and supporting company growth.
Este documento presenta información sobre una empresa de ropa juvenil llamada Teen Clothing. Provee detalles sobre su misión, visión, estructura organizacional, funciones de los trabajadores en ventas, marketing, y clasificación legal de la empresa. El objetivo principal de la empresa es proveer ropa de moda a precios accesibles para clientes jóvenes.
Este documento presenta una página web de lencería femenina que ofrece las últimas tendencias y un modelo en color rosa pálido con encajes a un costo de $60. La página da la bienvenida a los visitantes y promete las mejores tendencias.
This document describes a new minor in History of War & Society. The minor explores how civil and international wars have shaped politics, society, and culture through experiences of violence and conflict. Courses examine how wars create conditions for broader changes to concepts like territory, sovereignty, citizenship, gender, and race as people serve in battle and on the home front. The minor considers both military history and war's linkages to social, political, and cultural formations over time.
The Value of Aligning HR with the Business StrategyDavid Richter
A marketeers look at the value HR can bring to an organisation when aligned with the rest of the organisation's strategy. Looks at 2 examples, one of a company that gets it wrong, the other of a company who gets it right.
Managing stakeholder expectations is one of the most important tasks for a project manager. It involves identifying all stakeholders, understanding their interests and level of influence, and communicating with them throughout the project. Key tools for managing stakeholders include stakeholder analysis grids to categorize them, expectation management matrices to clarify priorities, and issue logs to track concerns. Project managers must treat all stakeholders equally, share information transparently, and encourage their participation to build commitment and ensure project success. Above all, clear and frequent communication between the project manager and stakeholders through various means is essential for meeting expectations.
Michael Punzo is an excellent candidate for admission to the university. He fully engaged in all assignments in his Public Speaking class, giving speeches on how 9/11 inspired him to pursue education and providing information on buying a home. As current SGA President, Michael launched programs to get students more involved on campus and prepare for life after college. The professor recommends Michael for admission, believing he will devote time to his studies and broaden his intellectual horizons at the university.
Michael Punzo is an excellent candidate for admission to the university. He fully engaged in all assignments in his Public Speaking class, giving speeches on how 9/11 inspired him to pursue education and providing information on buying a home. As current SGA President, Michael launched programs to get students more involved on campus and prepare for life after college. The professor recommends Michael for admission, believing he will devote time to his studies and broaden his intellectual horizons at the university.
The CIO is concerned about the ever-increasing costs of maintaining the growing number of IT applications in the organization. Rapid proliferation of applications, especially cloud and SaaS technologies, has overwhelmed many IT departments and led to issues with integration, security, and maintenance. Application portfolio management (APM) approaches aim to address this by providing visibility into spending, prioritizing applications based on their value and costs, and ensuring applications map to business objectives. Key capabilities for successful APM implementation include developing strategies and governance, inventory management of applications, and reporting and rationalization of the portfolio.
This document discusses aligning IT strategy with business goals. It emphasizes reviewing strategic plans to identify how technology can help achieve goals like becoming a leading home health provider. IT and business strategies should complement each other through collaborative development. Data is collected from staff through surveys and interviews to identify themes like competitiveness. Linking IT performance to business metrics allows evaluating each unit's contributions to overall value. Value-based management and key performance indicators can help consider IT a vital business player.
1) The document discusses proposed legislation SOPA and PIPA which aim to curb internet piracy by blocking access to websites accused of copyright infringement.
2) It provides context on the history of internet piracy legislation including the shutdown of Napster and legal cases between the RIAA and Verizon.
3) The key concerns with SOPA and PIPA are that they give the government too much power to censor the internet and threaten innovation by collateraly affecting sites like Google, YouTube, and Wikipedia in addition to targeting piracy.
Managing stakeholder expectations is one of the most important tasks for a project manager. It involves identifying all stakeholders, understanding their interests and level of influence, and communicating with them throughout the project. Key tools for managing stakeholders include stakeholder analysis grids to categorize them, expectation management matrices to clarify priorities, and issue logs to track concerns. Project managers must also decentralize decision-making, be transparent with information, and treat all stakeholders equitably regardless of their level of power or interest. While technology can aid communication, the most important skills are listening to understand stakeholders and building trust through clear, concise dialogue.
The document discusses integrative studies and the author's educational journey. It defines integrative studies as making connections among ideas and applying learning to new situations. The author studied art and computers before pursuing a degree in Business Management Information Systems to blend business and technology. This enabled connections between the author's experiences and prepared them for a career in IT security, where complex problems require considering multiple perspectives. Upon graduation, the author plans to work for USAA, applying their knowledge and continuing to develop skills through education.
The document discusses using project management and technology to address domestic minor sex trafficking. It notes that a diverse committee was formed in 2011 to address the problem, and that a project manager would be valuable to oversee the varied backgrounds and perspectives involved. Stage 1 of the plan would involve research and training to develop programs to address the issue. The document also discusses how information technology could be leveraged to collect data, monitor trafficking activity, and help law enforcement respond more effectively given the role of the internet and mobile devices in facilitating trafficking. While technology enables trafficking, it could also be used as part of the solution if developed and applied carefully and ethically.
This document discusses using an interdisciplinary approach to address the complex issue of human sex trafficking. It draws on the disciplines of information technology, general business, and organizational leadership. Information technology can help by using data mining and security techniques to identify patterns and track traffickers online. General business principles can provide insights into the market dynamics of trafficking. Organizational leadership is needed to manage collaborative efforts across different groups working on this issue. While conflicts may arise from other disciplines, an interdisciplinary team incorporating these three areas could help reduce and prevent trafficking by utilizing technological tools and data, understanding the business of trafficking, and coordinating organizational responses.
1. Michael Punzo
Research Writing Methods
September 28, 2011
Flag Burning Outline
Thesis: I propose that the Supreme Court decision was in error in 1989, when the majority of the
Supreme Court justices ruled that the action of burning a flag was speech and therefore the action
was then protected by The First Amendment.
I. Introduction:
1. Lead-in
2. Thesis
II. Opposing point one
1. Opposition - flag burning bans violate the First Amendment
2. Refutation – Constitution interpreted in a way that was not meant by our founding
fathers
III. Opposing point two
1. Opposition - exercising first amendment right
2. Refutation - burning the flag is an act of sedition
IV. Opposing point three
1. Opposition - the First Amendment more meaningful when it protects unpopular
speech
2. Refutation - Rehnquist stated he could not "agree that the First Amendment
invalidates the Act of Congress, and the laws of 48 of the 50 states, which make
criminal the public burning of the flag."
V. Conclusion
1. Restate thesis
2. Final comments
2. Michael Punzo
Research Writing Methods
September 28, 2011
Burning the American Flag: Freedom of Speech or Sedition
To burn or not to burn, that is my question. Flag burning in the United States of America
is a controversial issue. As with most issues, there are two opposing opinions. On the one hand,
you have those who condone burning the American flag, claiming that their actions are protected
under the First Amendment. Yet on the other hand, you have those who are outraged by allowing
the burning of the flag, claiming that burning the flag is an action, not freedom of speech. I
believe the flag is a symbol of our nation’s unity and who we are as a living nation.
Sentimentality aside, respect for one's country and its symbols is more than just your birthright.
It is your choice. It deserves to be protected. I propose that the Supreme Court decision was in
error in 1989 when the majority of the Supreme Court justices ruled that the action of burning a
flag was a form of speech and was thus protected by The First Amendment.
The section of law dealing with American Flag etiquette is generally referred to as the
Flag Code. One of the more binding laws is the flag should be lighted at all times, either by
sunlight or by an appropriate light source. Secondly, the flag should never be dipped to any
person or thing. The flag is to be flown upside down only as a distress signal. Also, the flag
should never be used for any advertising purposes. The flag is not have any embroidery, to be
printed or pressed on items such as cushions, handkerchiefs, napkins, boxes, or anything
intended to be thrown out after temporary use. Most importantly, when a flag is so worn and
tattered it is no longer fit to serve as a symbol of our country, it should be destroyed by burning
3. in a dignified manner. The American Legion and The Veterans of Foreign War hold special flag
burning ceremonies at different times to accommodate flags that need to be retired in this
respectful manner (United States Senate).
It is the ideals that the flag stands for that make it grotesque that someone would burn a
flag to show that they are exercising their first amendment right. In other words, why would you
or anyone else destroy the very thing that shows others that you can speak your mind or perform
any action when you so please. I feel that Supreme Court Justice Brennan took an extremely
liberal view of the Constitution and interpreted it in a way that was not meant by our founding
fathers. His opinion that the First Amendment allowed “symbolic speech” and “expressive
conduct” is not an interpretation that I support (Brennan). In regards to holding a Texas statue
unconstitutional, Rehnquist stated “the Court ignores Justice Holmes's familiar aphorism that ‘a
page of history is worth a volume of logic’” (Rehnquist). Since the establishment of America as
a country, our flag has played a unique role in our history. For this reason alone, the flag
deserves to be protected from any form of desecration.
The flag symbolizes who we are, 50 states united together (e pluribus Unum). The flag
stands to the world as a symbol of freedom and hope. We are a nation that has been supremely
blessed. The flag is not what we fight for, but rather the ideals the flag represents. Included in
the Constitution is the First Amendment. So, is burning the flag protected by this Amendment or
is it an act of sedition and those who chose to burn the flag, enemies of the nation? I think it is an
act of sedition. No other American symbol has been as universally honored as the flag.
Henry Hyde, the republican senator from Illinois, stated, “At work here is something
larger than the flag itself…There are well-defined limits to freedom of speech-obscenity laws,
perjury, slander, libel, copyright laws, classified information, agreements in restraint of trade and
4. the old ‘yelling fire’ when there is no fire in a crowded theatre…Somebody tell me why it is a
federal crime to burn a $20 bill, but it is OK to burn a flag” (Hyde).
The next time someone wants to burn a flag, perhaps they should ask a former veteran
who has fought to insure the American flag would stand, if it was okay to burn a flag. As a sign
of respect and honor, military personnel are given flags for their respective service. They are not
given a copy of the Constitution, but a flag. I believe that our flag is unique and deserves
protection. This American would like to see the reversal of this ruling and then replace it with a
ruling that considers flag burning an action and not freedom of speech.
5. Works Cited
1. Brennan, Justice. "Texas v. Johnson." LII | LII / Legal Information Institute. Cornell
University Law School, 21 Mar. 1989. Web. 18 Sept. 2011.
<http://www.law.cornell.edu/supct/html/historics/USSC_CR_0491_0397_ZO.html>.
2. Rehnquist, Chief Justice. "Texas v. Johnson." LII | LII / Legal Information Institute.
Cornell University Law School, 21 Mar. 1989. Web. 18 Sept. 2011.
<http://www.law.cornell.edu/supct/html/historics/USSC_CR_0491_0397_ZS.html>.
3. Senate, United States "Flag Code | The American Legion | Veterans Serving
Veterans." Veterans Organizations | The American Legion | Veterans Serving Veterans.
United States Government / The American Legion, 2011. Web. 24 Sept. 2011.
<http://www.legion.org/flag/code>.
4. Senate, United States "United States Code: Title 4, CHAPTER 1—THE FLAG | LII /
Legal Information Institute." LII | LII / Legal Information Institute. United States
Government / Cornell University Law School. Web. 23 Sept. 2011.
<http://www.law.cornell.edu/uscode/html/uscode04/usc_sup_01_4_10_1.html>.
5. Hyde, U.S. Rep. "05/14/97 Committee on the Judiciary - Hyde Statement Re
H.J.Res.54."House Judiciary Committee. U.S. House of Representatives, n.d. Web. 25
Sept. 2011. <http://judiciary.house.gov/legacy/051497.htm>.