Flag burning, or any other physical desecration of the American flag: no matter what side of the issue people fall upon, the very concept sparks strong emotions. On the one hand are those who regard burning the American flag as a form of blasphemy - a sin against "civil religion" in America tantamount a sin against an established church.
That the flag is regarded as a mystical, almost religious symbol is made manifest by the use of the quasi-religious term of "desecration" in legislative attempts to protect the flag. You cannot realistically desecrate a purely secular and neutral object.
On the other hand are those who, although perhaps appalled by the burning of an American flag, nevertheless regard such acts as forms of expression and speech - thus, protected by the First Amendment. For this reason they seek to prevent legislative attempts to ban flag burning just they like might seek to prevent attempts to ban neo-nazis from marching or other personally distasteful things.
And while the debates swirl around issues of protecting symbols of national unity versus protecting actual guarantees of free speech, what is lost from sight is the fact that neither of them are ultimately the real issue. As the 1960s counter-culture slogan went, "The issue is not the issue.".
This is most especially true for those who fight so hard to pass laws preventing the "physical desecration" of the American flag. What is often most perplexing to their opponents is why they invest so much time and energy on a "problem" which, ultimately, is not much of a problem at all.
As we shall discover, the real problem is that dominant cultural groups are trying to maintain a sense of identity and even social power. Preservation of a traditional social order, with certain groups controlling common symbols of authority and other groups remaining as outsiders and/or in positions of subordination, are the actual underlying issues.
I am talking about flag desecration, and the considered amendment to, as its supporters say, "protect" the flag. ... One must also consider the sort that desecrates the American flag. ... Veterans fought for America, freedom, and liberty. ... And further, so what if flag desecration becomes illegal? ... Passing this amendment will increase incidents of flag desecration. ...
Burning the American Flag is a slap in the face Thousands of men and women have died for the idea that the United States of America flag stands for. ... Burning the flag is a way of destroying the symbol of everything this country fought for since the American Revolution. No American has the right to burn the flag. ... The issue of whether or not the desecration of the flag should be legal or not has been up in the air for many years. ... The only message that the burning or desecrating of the flag puts out is anger. ...
Flag. ... The Supreme Court, you see, considers burning the American Flag an act which is protected by the first amendment right to free speech. The only way Congress could make such anti-flag-desecration laws pass constitutional muster is to amend the very document that protects our rights. ... The constitutional amendment, as proposed, simply read, "Congress shall have power to prohibit the physical desecration of the flag of the United States." ... "Is flag desecration a special category of speech, clearly more hateful than other brands of offensive expression?" ...
Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas law; a conviction which questions ones guaranteed First Amendment, constitutional rights. ... He has chosen to practice his First Amendment rights, by expressing his disapproval of government leadership and polices, by publicly burning and American flag. ... To convict Johnson for publicly burning a flag as a form of political protest, would convey an even more dangerous message to the American people, than to respect his right to do so. ... If the flag is to be used as a symbol for everything great about America, it...
Of the approximate one hundred demonstrators, Johnson alone was charged with a crime, the desecration of a venerated object in violation of the Texas Penal Code. ... Also the court must take into consideration as to whether the Texas law of preventing breaches of speech justifies Johnson's conviction for desecrating the flag. ... The flag has occupied the position as the symbol of our Nation for more the two hundred years; moreover, to desecrate such a symbol without punishment would be unjust. ... The court declined to create an exception for flag burning. ... Not all Americans share the...
Johnson 491 U.S. 397 (1989) Facts: The defendant, Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas Law. ... Reason for Decision: The court concluded that the state could not criminally convict anyone of flag desecration in order to preserve the American flag as a symbol of national unity and pride. ... The Justices believed that the American flag that represents liberty and equality should be worthy of protection from unnecessary desecration. Personal Comment: In my opinion I don't believe that the burning of the American flag should be a violation ...
The flag has become more than just a piece of cloth that is waved all across America. ... For some years there were no written laws about the flag desecration because it has been and will proceed to be an extremely controversial issue. ... Shall we force every residence to proudly display an American flag" (Hanna)? ... The American flag exemplifies everything that is just and good in our country. ... By honoring our flag, we honor our American heritage and we honor the men and women who have defended us and our freedoms as Americans" (Emerson). ...
During the demonstration, Johnson burned an American flag, and Dallas police arrested him. 4. ... Johnson was arrested and subsequently convicted under a Texas law that made it a criminal activity to desecrate a "respected" object, including a state or a national flag. ... Johnson was free to make any verbal denunciation of the flag that he wished, indeed, he was free to burn the flag in private. ... The American flag is a visible symbol embodying our Nation; it does not represent a political idea or philosophy, nor is it just another symbol. ... President Bush immediately condemned it and...
