Flag Desecration Synthesis Essay - 1321 Words

Roshelle Grinberg Due: December 3, 2010 Mr. Baldwin E5X-09 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 Rights. Our nation’s flag is an everlasting symbol of freedom and hope†¦show more content†¦The burning or desecration of the American Flag may fall under both freedoms. When one thinks of the flag, they usually think of the blood that was shed for this country. It was shed so that we could have liberties, such as, freedom of speech and expression, which fall under the First Amendment rights of the Constitution. However, when you think of a burning flag, what comes to mind? O ne might say it shows disrespect and hatred to a country that has given so much. In the case of Texas v. Johnson, Johnson was accused of desecrating a sacred object, but, his actions were protected by the First Amendment. Although his actions may have been offensive, he did not utter fighting words. As stated in Source D â€Å"Justice William Brennan wrote the 5-4 majority decision in holding that the defendant’s act of flag burning was protected speech under the First Amendment to the United States Constitution.† By burning the flag, Johnson did not infringe upon anothers natural human rights. He was simply expressing his outrage towards the government, which is within the jurisdiction of the First Amendment. Another court case, where the 5-4 majority ruled in favor of the defendant was United States v. Eichman in 1980, a year after the Johnson case. â€Å"In the case of United States v. Eichman, 496 U.S. 310 (1990), the law was struck down by the same five person ma jority of justices as in Texas v. Johnson, 491 U.S. 397 (1989).† [Source D] Multiple times in flag burning cases,