Burning Of The Flag Essay, Research Paper

Burning of the Flag

The American flag is a piece of cloth that represents the United States of America.

The burning of our flag has caused many controversies. Some citizens believe that

burning the US flag should be banned no matter what the reason is. Others believe we

have the right to burn the flag if we want to. The burning of the flag should not be

banned for many reasons.

One reason is that banning the burning of the our flag would be a violation of our

freedom of speech. Gregory Lee Johnson set fire to the US flag and was arrested. He

was convicted under a Texas law that classified the flag as a “venerated object that

permits criminal prosecution of those who desecrate it.” He was sentenced a year in jail

and fined $2,000.

Johnson brought his case to the Texas Criminal Appeals Court. The court decided

that he had been wrongly convicted– not because he was innocent of setting the flag on

fire but because the law that he was convicted under was invalid. The court felt that the

First Amendment of the Bill of Rights protected Johnson because his act was a form of

speech and could not be illegal. The Texas state law, therefore, was unconstitutional.

The controversy over flag burning divides the nation as well. On one side of the

issue are those who feel that Johnson’s right to make a political statement is more

important than the protection of the flag. If such a right is taken away in the instance of

the flag burning, might there come a time when other forms of political speech are

denied?

On the other side of the issue are those who feel that the right of free speech

should have limits and that burning the American flag should be one of them.

Throughout the world the burning of a flag is regarded as one of the ugliest, most

offensive forms of antigovernment feeling.

The heat of public passion over this issue ignited the action of the Congress.

Following a second US Supreme Court decision supporting flag burning as a legitimate

form of freedom of expression, demands were heard for a Constitutional amendment.

However, in June of 1990, a vote in the House of Representatives fell short of the two-

thirds majority needed to set the amendment process in motion. For the time being, at

least, the amendment proposal is dormant.

There is also the issue about retiring the flag which requires the flag to be burned.

This is done when the flag is in a bad condition. The flag is completely unthreaded and

put in flames. People have also complained about this too, but would it be better for the

flag to look bad and even disgrace our country, than to let it be put away in honor?

The burning of the American flag should not be banned. In all, making a law that

prevents the burning of the American flag would be a big waste of time and our money.

No gain will be accomplished by preventing the burning of the flag. A ban on the

burning the flag would separate the citizens of the US even more than they are today.