Government. There is simply no questioning the fact that flag burning offends people,

but the controversy of flag burning tests the dominion of the First Amendment to the

Constitution. The First Amendment states very simply, Congress shall make no law abridging the freedom of speech or of the press." (Harvin ) It is widely debatable whether or not the American flag is an object that requires the refuge of legislation.

The American flag played no significant role in American life until the Civil War. It was displayed only on federal government buildings, forts, and American ships at sea. It would have been unthinkable to fly an American flag at a private home or public school. It simply was not done. Only the outbreak of the Civil War made the American Flag transform into an object of public adoration. The flag suddenly starte

Flag burning has never been a significant tool for political change in America (SmoIIa 1990). At its best, it has been an act used by a few radicals to gain attention. At its worst it could be a major threat to the fabric of America. As every flag is burned, so is the memory of every American who died in its service. Supporters of the proposed amendment, who are the majority, don' think that it's much to ask of citizens not to bum a flag. After all, aren't there a thousand other ways to express ones views?

It could reasonably be predicted that the proposed amendment would divide Americans directly at political party lines, this is not the case. The Republican Party proudly sponsors the proposed Flag Desecration Amendment and it is no surprise that almost every Republican in Congress has proclaimed their support for the proposed amendment (Citizen's Flag Alliance). The Republican Party has always been synonymous with limited interpretation of the First Amendment and a push for more laws in recent American politics.

The first epidemic of flag desecration in American history occurred during the late Sixties and early Seventies. Americans were becoming more and more disgusted with the U.S. involvement in Vietnam. This era is commonly known for its radical political activism. Setting the American flag ablaze was a common way for protesters to decry the Vietnam conflict (Mullins). Protesters soon realized that flag burning was an extremely effective way to express many of their anti-American views.

Although it does not deal specifically with flag desecration, the 1931 Supreme Court case of Stromberg v. California was the first to test the extent of the First Amendment as it applies to displaying the flag. Stromberg was arrested, charged, and convicted for displaying a red flag. The Supreme Court set the precedent and ruled that because similar to flag burning, the flag is being used in an expressive manner (Goldstein).

The second Supreme Court case that dealt with using the flag in an expressive manner occurred with the 1974 case of Spence v. Washington. This case was very similar to the earlier case of Stromberg v. California. The case involved a protester who was arrested and convicted for displaying an American flag with an attached peace sign. Just the same as the Stromberg case, the conviction was overturned and deemed unconstitutional because the action was expressive (Goldstein).

Today, flag burning which is communicative in nature is still constitutional. Because the Supreme Court has gained a liberal seat since the Johnson and Eichman rulings, it does not appear that the Supreme Court will change the constitutionality of flag desecration any time soon.

Americans should remember that governments do not have to take freedom away from citizens all at once. Nazi Germany started very slowly taking away people's freedom in the thirties. Less than a decade later, political opposition was quashed with legislation, intimidation, and violence. The ultimate results and the speed at which rights are stripped may not be the same in America, but the trends may end up being very similar.

Some common words found in the essay are:
Desecration Amendment, Supreme Court, Protection Act, Nazi Germany, America Cozic, Communist Party, America SmoIIa, Flag Alliance, Stromberg California, flag burning, Chest Tour', flag desecration, supreme court, flag desecration amendment, desecration amendment, proposed flag, proposed flag desecration, american flag, proposed amendment, flag protection act, flag protection, protection act, free speech, citizen's flag alliance, issue flag burning,
Approximate Word count = 2755
Approximate Pages = 11 (250 words per page double spaced)