Flag Burning and the First Amendment - 2123 Words

Your First Amendment rights are extremely close to being violated by none other than the United States Congress. I refer to the Flag Desecration Bill that, if passed, would do irreparable damage to our right to free speech and undermine the very priniciples for which the American flag stands. Fortunately, West Virginians have an ally in Sen. Robert C. Byrd. Sen. Byrd, who previously favored the bill, now fights to protect our rights by stopping the passage of this bill. I applaud his stand and want to reinforce his position. I also encourage you to join Sen. Byrds campaign to ensure the legacy and supremacy of the greatest law in the land: the United States Constitution. Though the Senate expects to vote on this amendment†¦show more content†¦Though the First Amendment nationally guarantees our right to free expression, the Fourteenth Amendment also champions our cause in the states by means of the due-process clause. The due-process clause states that no state shall...deprive any person of life, liberty or property, without due process of law (Wilson). Until 1925, it was legal for the states to pass legislation prohibiting such forms of protest as symbolic speech because the Supreme Court had previosly denied that the due-process clause made the Bill of Rights applicable to the states. However, in the case Gitlow v. New York, the Supreme Court decided that freedom of speech and of the press implicated the fundamental personal rights protected by the due-process clause, and the states could no longer breach through legislation those freedoms guaranteed to each individual (Wilson). This case established the precedence that state laws involvin g speech violate the freedom of expression guarantees of the First Amendment, made applicable to the states by the Fourteenth Amendment. Thus, no matter how offensive or repugnant some forms of expression may be, that expression has strong and definite constitutional protections that cannot be encroached by the national or state governments. To create an amendment to weaken our civil liberties constitutes a means to further destroy the representation of our national symbol - the flag. Our right to engage in symbolic speech withoutShow MoreRelatedIs 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 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 MoreShould There Be A Constitutional Amendment Prohibiting Flag Burning?1637 Words   |  7 Pagesconstitutional 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 aRead 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 MoreSpeech Free Speech On The Freedom Of Speech1380 Words   |  6 PagesThe 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 speech clause as included in the First Amendment guarantees the citizens of America to express information and ideas freely. B ut is all form of speech free? On the most basic level, this clauseRead MoreA Political Demonstration Of The Dallas City Hall1118 Words   |  5 Pageswith burning an American flag in protest against the policies, where Reagan sought to stimulate the economy with large tax cuts. Johnson was tried and convicted, under Texas law, of the desecration of a venerated object. The State Court of Appeals affirmed the actions, until the case advanced to the Supreme Court after the Texas Court of Criminal Appeals reversed the conviction, holding that the State (consistent with the First Amendment) could not punish Johnson for burning the flag in theseRead MoreFlag Desecration Essays526 Words   |  3 Pagesgovernment by burning flags, and even cutting them up to use as clothing. Although mocking the American government and the flag is disrespectful, revoking the right to do so would be a violation of freedom of expression, which is guaranteed by the First Amendment. Those who supp ort the no-flag burning amendment argue that the United States flag is a special case. Because it would undermine the constitution and set a dangerous precedent that will make it easier for others enact restrictive amendments to theRead MoreThe Flag Of The United States903 Words   |  4 PagesThe flag of the United States is our national symbol and our most important symbol of all; it symbolizes our nation’s strength and pride. Due to its high values and symbolism, by  1932, forty-eight states had adopted the flag desecration laws to legally protect and restrict desecration of the flag of the United States. However, these  flag desecration laws only lasted until 1989, because  in 1989, in the Texas v Johnson case,  the United States Supreme Court recognized that flag desecration as a formRead MoreEssay on Case Analysis Texas V. Johnson1292 Words   |  6 Pages1989 --- Decided: June 21, 1989 This case analysis of Texas v. Gregory Lee Johnson was a Supreme Court case that overthrew bans on damaging the American flag in 48 of the 50 states. Gregory Lee Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas, where he burned the American flag. Consequently, Johnson was charged with violating the Texas law that bans vandalizing valued objects. However, Johnson appealed his conviction, and his caseRead MoreEssay about Against Making Flag Burning Illegal924 Words   |  4 PagesFlag 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 an American flag is something that is deemed disgraceful by many Americans, but it should not be outlawed.   Ã‚  Ã‚  Ã‚  Ã‚  Many people are offended by the act of