Saturday, October 30, 2010

American Flag Burning is Legal?

Our Freedom Symbol
     How can the symbol to our Nations existance, be treated so poorly by other citizens of our nation??
     The burning of our nations flag has been going on for years. We have learned that burning the flag has become legal. Many people have burned the American flag to represent their disagreements with American politics. In 1862, when the Union army's occupation of New Orleans in the American Civil War, the military governor, Benjamin Franklin Butler, gave William B. Mumford the death penalty because he removed the American Flag. In 1864, John Greenleaf Whittier wrote a poem called, "Barbara Frietchie". It told of "maybe" fictional incident where Confederate soldiers were deterred from defacing an American Flag. The American Flag was sometimes burned during anit-war demonstrations around the time of the Vietnam War. A pornographer wore an American Flag as a diaper in court and got sentence of 6 years in jail. Today, though, defacing the American Flag is protected under the First Amendments: Freedom of Speech.
    
     Court Cases that decided the decision of defacing the flag legal are: Texas v, Johnson, 491 U.S. 397 and U.S. v. Eichman, 496 U.S. 310.
     In 1984, Gregory Lee Johnson burned an American Flag in front of the Dalla City Hall because he was protesting against Reagan's administration policies. He was tried and sentenced one year in jail and had a fine of $2,000's in the Texas Court of Criminal Appeals. Then the Supreme Court took over. They ruled that Johnson's burning of the Flag was protected under the First Amendment. They found that his actions were just a way of speech and just because people thought it was wrong doesnt mean it breaks the speech protection.
     In 1989, Congress had passed the Flag Protection Act, which made it a crime to destroy an American Flag or any likeness of an American Flag which may be "commonly displayed." You could wear or soil a flag. One day, Eichman set a flag on fire on the steps of the U.S. Capitol, while he was protesting the governments domestic and foreign policy. He was brought to court and in a 5-to-4 decision, the Court struck down the law made in Texas v. Johnson. The burning of a flag was allowed though to be done in a ceremony but is prohibited by protestors.

     In June 2005, a flag burning amendment was passed by the House with a needed two-thirds majority. However in June 2006, the more recent flag burning, was rejected by the Senate in a 66 in favor vote to a 34 opposed vote. It was a short one vote that would have reached the two-thirds majority needed to send the amendment to be voted by the states.

     I dont believe that our nations symbol should be able to be treated in such a harsh way. Its what represents our freedom as a whole. It represents what a four fathers went throguh. I believe that allowing people to do this is just a way of showing how much we really care about our country. Men and Women are fighting for all of our lives over in different countries, and this is how people want to pay them back by not only disrespecting our country, but by disrespecting the Men and Women over seas?

     Why should freedom of speech go this far? Why should we be able to disrespect our country like that? What if something like this went further? What would happen?


Duffy: When is it appropriate to burn a flag? Benson: Only you can

prevent free speechwag: How dare anyone use our sacred national emblem for cheap ideological theatrics?



http://www.esquilax.com/flag/cartoons.shtml
http://www.sourcewatch.org/index.php?title=Flag_burning_amendment
http://en.wikipedia.org/wiki/Flag_desecration#United_States
http://www.youtube.com/watch?v=fGZswrhzCPc&feature=related
http://www.youtube.com/watch?v=OGAzfZR6gUg&feature=related

1 comment:

  1. Amber you're right. Why is racism still occuring? To me I think it is still happening because everyone still cannot get the concept that we are all equal in every shape and form. People will always love to tear down others just to make themselves feel better. I believe that there will never come a day where there is no racism, not that I don't want that because I do. Many people that fight for equal rights try and hope for that day to come. I wonder what it will take to stop racism and discriminaton worldwide. Now on the topic of burning the American flag: I feel that all people have the right to burn the flag but what's the real purpose behind it though? Is it just to send a message? Personally I feel that its just wrong but people should also have the right to freedom of speech.

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