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Flag Protection Act of 1989 - Essay Example

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During the Vietnam War, as a reaction of various flag burning actions that were in protest against the war, Congress enacted the first Flag Protection Act in 1968 which was considered as a violation to the freedom of expression that is known to be a basic element in US society…
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Flag Protection Act of 1989
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Download file to see previous pages (2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.
(c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section.
(d)(1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a). (2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.
" 1989 - Subsec. (a). Pub. L. 101-131, Sec. 2(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ''Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.''
Subsec. (b). Pub. L. 101-131, Sec. 2(b), amended subsec. (b) generally. Prior to amendment, subsec. ...
any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.''
Subsec. (b). Pub. L. 101-131, Sec. 2(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ''The term 'flag of the United States' as used in this section, shall include any flag, standard colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, color, or ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, standards, colors, or ensign of the United States of America.''
Subsec. (d). Pub. L. 101-131, Sec. 3, added subsec. (d).
SHORT TITLE OF 1989 AMENDMENT
Section 1 of Pub. L. 101-131 provided that: ''This Act (amending this section) may be cited as the 'Flag Protection Act of 1989' [1].''
Texas v. Johnson
In first 20 years, the Act was upheld by the local courts and Supreme Court refused to notice it, but then in 1984, during the Republican National Convention in Dallas, Johnson set the flag on fire during the protest. He was convicted of desecration and was sentenced one year in prison and was also fined $ 2000.00. The case went to Supreme Court which affirmed this decision. As a result of this, Congress enacted the Flag Protection Act 1989, according to which, the country's flag should never be desecrated in any form ...Download file to see next pagesRead More
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