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They often use flag burning as a manner of protest in order to demonstrate the intensity of distaste that the harbor for various issues in America. Nevertheless, the flag is a part of America and an attack on it should be viewed as an attack on the country. While there have been various decisions by the US court system that both criminalize and allow for this shameful activity, the fact of the matter is that flag burning should be against the law.
There was a case on flag burning in Texas that reached the Supreme Court. In Texas v. Johnson (1989), Johnson had been convicted for his crimes by the Texas court system. The flag has been burned as a way of protest during a march that had been held to express dissatisfaction with some of President Regan’s policies for corporations (Texas v. Johnson, 1989). In Texas, at that time, burning the American Flag was against the law. Nevertheless, the Supreme Court found that any law which restricted flag burring violated the First Amendment (Texas v. Johnson, 1989). Flag burning has been against the law at the federal level due to the Flag Protection Act of 1968, and many state and local governments held such laws as well. However, as a result of this case, the federal, state, and local governments could no longer uphold these laws. Then, in 1990, there was another case that dealt with flag burning. With the case of U.S. v. Eichman (1990) the flag burning parties had to be released.
Time and time again, cases have been presented to the Supreme Court that sought to address the issue of flag burning. Yet, those who have been found guilty of flag burning have gotten away with it. This is not because the Supreme Court believes that it is okay to burn the flag, but because they have found it difficult to make flag burning against the law without violating the First Amendment, which states, “Congress shall make no law…abridging the freedom of
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The process of lowering the flag is part of a long-withstanding and old tradition that is undertaken exclusively in honor of those individuals who have fought and lost their lives in war for their country. It is a mark of respect and of gratitude that this simple action takes place.
Someone handed him a stolen American flag, which he promptly bombed outside Dallas City Hall. There were no injuries caused by the act but some onlookers said that they were offended by this flag-burning. The charge brought against Johnson was one of vandalism concerning a venerated object, in this case, the flag of the United States, for which he was convicted and sentenced to one year in prison.
United States v. Lopez
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