Posted: April 14th, 2022

Why Flag Burning should be unconstitutional!

Why Flag Burning should be unconstitutional!
The American flag symbolizes freedom and pride, which have provided hope for the Americans, especially during the war, such as the 9/11 tragedy. Apart from flying in the air, the American flag is an expensive asset for the country since it a way in which a country portrays its identity. The American flag has thirteen stripes of red, and white which represent thirteen colonies. Which is a design the country spent a lot of time and money on. Over the years, flags are national icons, which have raised controversy, especially concerning flag burning, which is considered unconstitutional l under the first amendment. The paper is a discussion as to why flag burning should be unconstitutional.

Its been two hundred and forty-three years since the united states came up with the American flag design with stripes and stars. Additionally, the country has thirty years since flag burning was protected in the supreme court. Since the supreme courts made the controversial decision has been raised in the united states, especially through Donald triumph tweet, flag burning is unconstitutional. Anyone caught in the act should be jailed for life or lose their citizenship. Also, Hillary Clinton support that flag burning is unconstitutional; hence flag burners should be punished. However, the supreme court protected the right of burning the flag as an act of symbolic speech during the case between Texas V. Johnson and that between the united states V. Eichmann. Johnson burnt the flag of America in 1984 in protest of President Ronald Reagan’s policies. Texas court, however, arrested Johnson for violation of the law and a way of inciting anger among other people. Johnson, however, argued that flag burning was a symbolic speech, which raised controversies, especially the fact that the act of protected in the first amendment. Various justices had different opinions concerning the claims, where justice William Brennan argued that flag burning was a form of symbolic speech that is protected in the first amendment. In contrast, Justice Stevens argued that flag burning is unconstitutional and is a violation of the countries unique status, national unity, and symbolic speech; hence the government should prohibit and hold people who burn the flag accountable.
The first amendment, however, protects opinions that can cause harm to listeners, where the speaker and listeners are provided with the freedom to choose the type of speech that should be allowed and the one that should be rejected. Also, the first amendment protects people from being forced into confessing or providing an opinion they are not into. According to Ornn and teller, the American flag is closely connected to freedom, were burning the person burning the flag is already protected it, hence ironical, for example, in China, flag burning is punishable, where the person gets jailed for three years as long as the American flag protects the freedom of citizens, it’s unlawful, and unconstitutional to burn it.
The first amendment protects freedom of speech, including symbolic speech but not all kinds of actions, such as burning the flag, since the action does not qualify to e part of symbolic speech. However, flag burning is an act of destroying the countries pride and freedom, where the country has the right to protect the flag as an important part of the nation. Boundaries and rights should be considered when it comes to symbolic speech, where most actions, such as burning the flag, is criminal conduct.
However, flag burning should be prohibited under the first amendment as a symbolic speech because the flag is a symbol of national unity. The flag also respects and honors people who died during independence. Due to the reasons, the government should develop a high interest in protecting its rights and accept no justification for burning. Different states, however, have developed various laws concerning flag burning, including Texas. Texas government allows the destruction of the old and worn-out flag, although in an authorized manner. Also, the Texas government prohibits burning the flag, although the law has provided no restriction or limitation; for example, the government allows private burning of the flag but not in public. Additionally, a person is held accountable if the flag burning act offends the public, provoked emotions, or used to incite other people.
Flag burning is considered offensive because it is mostly political, where people engage in such disrespectful acts to gain political attention and influence. Various laws have been made to oppose burning the flag, which has been considered a criminal act despite the supreme court’s efforts overturning the law. Halter V. Nebraska was the first united states court case that dealt with flag desecration, where the court held a company accountable for printing the flag of America on a beer bottle. According to justice Jon Marshal in the case of Halter V. Nebraska, the flag is a symbol and an emblem of national power and freedom.
Congress has made several efforts in banning flag burning through resolution 97-3. In 1989, congress made the flag protection act, where at the same time, protesters burnt the flag in protest of the same law, which was disrespectful to the nation. The offenders were, however, arrested for burning the flag and convicted under the new law. Efforts to stop flag burning have failed, where despite the efforts from congress, the issue remains controversial. President triumph came up with political debates that proposed that burning the flag is unlawful, backing up the administration t to develop a court that would accept the new laws. Triumph’s argument was based on historical political controversy, which beards no fruits, although Johnson was jailed for one year to burn the flag in Texas. Presidents such as Gorge bush made it illegal to burn flags, but the law was not successful today due to opposition from the majority. A small fraction of Americans supports the fact that burning the flag is unconstitutional and should e prohibited. According to Triumph, the current laws are different, where during his administration, the military was sent to misplace and shutdown protesters who burnt flags. The citizen flag alliance has been fighting for the American flag’s freedom and rights, especially restricting the discretion of the most important national symbol. Being a symbol of peace, the American flag has led people to war, inspired the American citizens, provided people with freedom of religion, and represented the country’s form of democratic government.
In 2020, the united states flag code title four, chapter one, provided regulation on how citizens should behave in front of the national flag. According to the codes, American citizens should respect the flag and stand attention and salute when the flag is being lowered or raised. Additionally, the American flag should be displayed in respect and honor based on several guidelines. For instance, the flag should be displayed when the weather is favorable, mostly on President’s Day, Easter Sunday, inauguration day, new year’s day, Martin Luther king’s birthday, and many other important days. On the other hand, the flag code provides how the flag should be displayed, hoisting and lowering, and the American flag’s disposition, which is preferred through respectful burning.
Burning the American flag remains a controversy, although burning the national flag is unconstitutional despite the first amendment rules. Flag burning should be restricted and punishable, especially during political protests, because the same flag provides the protesters with peace and freedom. Free speech and free speech symbols should have a limitation, especially regarding the most important symbols and emblems of the country, such as a flag. There is no justification as to why a person should d burn the national flag; therefore, the government should expand the first amendment or use every power to protect its pride.

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