Should There Be A Constitutional Amendment Prohibiting...

Should there be a constitutional amendment prohibiting flag burning? 1) Describe the issue. Who, what, when, where, why, etc. Some people believe that burning the flag is extremely unpatriotic and disrespectful, while others believe it is an expression of free speech, which is protected under the First Amendment in the United States constitution. In 2006, a flag burning amendment was formally proposed in congress and failed to pass by just one vote. The closeness of this vote is a clear indication that flag burning is a very contentious topic; individuals on both sides of the issue are very passionate and strong ­willed about their 2) Clearly present the beliefs of those on both sides of this issue. What are their key ideas and arguments? The people who agree with an amendment to prohibit flag burning attach a great deal of meaning to the flag as a national symbol and representation of American values. In his dissenting opinion for Texas v. Johnson, Chief Justice Rehnquist explains that many Americans regard the flag â€Å"with an almost mystical reverence, regardless of what sort of social, political, or philosophical beliefs they may have† (Texas v. Johnson). For them, burning the flag is an obscene and hateful gesture and they believe that people who do that should be legally punished for doing so. Rehnquist further argues that the majority of states ­Ã‚ ­48 to be precise ­Ã‚ ­currently have laws prohibiting flag burning and therefore a constitutional amendment wouldShow MoreRelatedA Landmark Supreme Court Case856 Words   |  4 PagesPresident that he burned an American flag in protest. By doing this, a statute in Texas was violated. This statute prevented the desecration of an American flag if it could possibly anger other people amongst the protest. Johnson was arrested and charged with this violation. He was later tried in court and convicted, but he made an appeal stating that by burning the flag he was expressing his rights of â€Å"symbolic speech† which are protected by the first amendment (uscourts.gov). The definition ofRead MoreDesecration of the Flag Should be Prohibited938 Words   |  4 Pages Desecration of the Flag Should be Prohibited nbsp; Is it necessary to allow all forms of protest to protect the right of citizens to express grievances against their government?nbsp; It is not a violation of free speech to outlaw burning of the flag because it is not speech.nbsp; It will not lead to the limiting of other avenues of protest, of which many are more expressive of specific problems. All attempts to protect the flag short of a Constitutional amendment have failed in the endRead MoreFlag Desecration Synthesis Essay1321 Words   |  6 Pages E5X-09  Ã‚   That Flag Should Not Be Protected The United States is known for being ‘land of the free’, a nation with a Declaration of Independence, as well, as a Constitution protecting the rights of it’s citizens. Wars have been fought and many people have died so we could have the rights that present today. The freedom of speech, freedom of religion, freedom of assembly, and most importantly the right to petition our government; all of which fall under the First Amendment in the Bill of RightsRead MoreEssay on Proclaim Your Freedom of Speech – Burn a Flag!2195 Words   |  9 PagesProclaim Your Freedom of Speech – Burn a Flag!      Ã‚  Ã‚   This flag, which we honor and under which we serve, is the emblem of our unity, our power, our thought and purpose as a nation. It has no other character than that which we give it from generation to generation. The choices are ours (quoted in Smith 87). This statement by Woodrow Wilson summarizes the debate over a proposed amendment to outlaw burning of the American flag. Is this symbol of our nation too powerful to be defiled in our collectiveRead More The Flag-burning Debate Continues Essay examples1186 Words   |  5 PagesThe Flag-burning Debate Continues      Ã‚   Nazis captured Jim Rogers. He was routinely beaten and given barely enough food to survive. During the time he spent in a World War II prisoner of war camp, he managed to keep his sanity by scraping together bits and pieces of colored cloth in order to make an American flag. As his fellow prisoners began to die, it was his American flag which provided him with a sense of identity and gave him the inspiration to keep living.    It is no wonder, thenRead MoreThe Flag Resolution Act Of The United States1623 Words   |  7 Pages The Second Continental Congress passed the Flag Resolution Act that states: That the flag of the thirteen United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation.†(Cite) Flag Day is observed on every June 14 for the sacred symbol of the United States of America of what is the Flag. As each star increased on the flag, turmoil on how the flag should or should not be treated also grew. Many americans, includingRead MoreTexas V. Johnson Congress Enacted The Flag Protection Act Of 1989 Essay1367 Words   |  6 PagesIn response to the decision made in Texas v. Johnson, Congress enacted the Flag Protection Act of 1989. The Act, this time focused not on simply prohibiting the desecration of a flag, but of protecting the entire physical integrity of a flag. The Act did, however allow for the proper disposal of old, torn, worn, or soiled flags. Congress did this with the purpose of removing language that the courts might find made the statute a statute that aimed to suppress certain kinds of expression. They alsoRead MoreDiscussing Texas V. Johnson Essay1632 Words   |  7 Pagesconstitutionally prohibit the burning or other form of desecration to the American Flag. Under its decision in Texas v. Johnson the later ruling in the case of United States v. Eichman, in 1990, the Supreme Court had ruled that government can not bring criminal prosecutions against those whom burn or desecrate the American flag so long as they are engaged in expressions of political views without abridging the right of free speech guaranteed under the First Amendment to the United States ConstitutionRead MoreIs Flag Burning Protected By The First Amendment?1617 Words   |  7 Pages The Debate Continues: Is Flag Burning Protected by the First Amendment? Adriana Ramirez First Amendment Dr. Helen Boutrous December 8, 2016 Mount Saint Mary’s University The First Amendment says: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people to peaceably assemble and to petition the government for a redress of grievances. This freedom of speechRead More Symbolic Speech Should Be Protected Essay2523 Words   |  11 PagesSpeech Should Be Protected 1. The measure of a great society is the ability of its citizens to tolerate the viewpoints of those with whom they disagree. As Voltaire once said, â€Å"I may disagree with what you have to say, but I will defend to the death your right to say it† (Columbia). This right to express ones opinion can be characterized as â€Å"freedom of speech.† The concept of â€Å"freedom of speech† is a Constitutional right in the United States, guaranteed under the First Amendment to