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flagburning

IS FLAG BURNING PROTECTED BY THE FIRST AMENDMENT?

"If a jerk burns a flag, America is not threatened. If a jerk burns a flag, democracy is not under siege. If a jerk burns a flag, freedom is not at risk and we are not threatened. My colleagues, we are offended; and to change our Constitution because someone offends us is, in itself, unconscionable,"

It has been held by the United States Supreme Court that burning an American flag as means of expression or peaceful political protest is an act that is fully protected under the first amendment. Government does not have the power to prohibit flag burning simply because they, or anyone else, may find it offensive. However, other laws or ordinances such as arson laws or rules governing the use of fire in public places may still be applicable.

In 1989, a man by the name of Gregory Lee Johnson was active in a political protest. When the demonstration was over, Johnson set fire to and burned the United States flag in front of the Dallas City Hall. Surrounding protesters chanted "America, the red, white, and blue, we spit on you." While watching the flag go up in


Katsh, Ethan. Taking sides: Clashing Views on Controversial Legal Issues.

The United States Supreme Court concluded that the burning of the American flag was expressive conduct and was protected under the Constitution, namely the first amendment.

http://www.esquilax.com/flag/chronlog.html

Many questions have to be answered before accepting such an amendment. What can be considered a flag of the United States of America? How about those little paper one used during celebration that always end up in the garbage or on the floor at the end of the night? What about clothing that has a flag on it. What is to be done with those when they are not wanted anymore? And what about those bumper stickers with flags on them that get mad splashed and filthy, who is going to determine where desecration of the American flag begins, and where it ends?



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Approximate Word count = 1044
Approximate Pages = 4 (250 words per page double spaced)


  

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