Why United States Flag Burning is Wrong - Essay Example

Protect the American Flag: Cases of Flag Burning Protect the American Flag In America, the flag is something that has been held sacred by many dedicated patriots. They relish the flag because of what it represents; the freedoms and other principals that has become part of America’s brand. However, there are others who do not uphold the flag in this manner. Some of them do so for religious reasons. This population simply will not honor the flag as sacred because it is against their beliefs. There are others, however, who go far beyond simply refusing to honor the flag by committing acts of violence against it.

The motives of these people are not always confined to demonstrating their dislike of the flag. 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 speech, or of the press, or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances” (U.S. Constitution, amend. I). However, it is ironic that this great document, which defines America, is the means by which American Flag burning has been justified.

Surely, the drafters of the Constitution did not have flag burning in mind. They were hoping to create a perfect and perpetual nation. If someone wants to communicate their dissatisfaction for policies, there are many ways that this can be accomplished. The Flag represents their freedom to do so. It should be respected. ReferencesTexas v. Johnson, 491 U.S. 397 (1989).U.S. v. Eichman, 496 U.S. 310 (1990).U.S. Constitution, Amend. I