Preview

Flag Desecration

Good Essays
Open Document
Open Document
818 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Flag Desecration
Florine E. Barton
AC0332400
American Constitutional Law Writing
Assignment 04

Constitutionality of flag burning and my feelings about this symbolic act

On June 14, 1777, the United States flag was born in Philadelphia, PA which was the capitol of the United States. As a symbol of the patriot’s idea of the Nation conceived in Liberty, the flag was a sign of freedom and justice in the United States of America. The American flag was sometimes called Old Glory also.

Between 1897-1932, forty eight state laws were established for banning the desecrating of the United States flag. Immediately following the civil war, the American Flag was being threatened by at least two fronts. The first was by white southerners that wanted the Confederate flag as the American Flag and the second was by businesses that wanted to use the flag for commercial advertising. In response to these threats, forty eight states passed laws

The U. S. Supreme Court’s first ruling on Flag Desecration was in 1907. The statues prohibited the following: marking, defacing, using in commercial advertising, showing “contempt” by publicly burning, trampling, spitting on, showing lack of respect for the U. S. Flag. In Halter v. Nebraska in 1907, this ruling was upheld by the U. S. Supreme Court as Constitutional.

In 1968, a Federal Government Flag Desecration law was passed by Congress due to the incident in Central Park where a peace activist decided to burn an American Flag to protest against the Vietnam War. The law banned anyone that demonstrated “Contempt” against the American Flag, but in the process of passing this law, they did not address other issues that dealt with the states’ flag desecration laws.

In 1969, the U. S. Supreme Court ruled that the verbal belittling of the flag is protected by freedom of speech. When a civil rights activist, Sydney Street, burned the flag at a New York City intersection in protest against the shooting of

You May Also Find These Documents Helpful

  • Good Essays

    flag. The same decision applies to the Holt v. Hobbs case in which the Supreme Court…

    • 1025 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    • If the majority of a state’s citizens want to outlaw flag burning, why shouldn't they be allowed to?…

    • 954 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    VDread Scott artwork “what is the proper way to display the US flag?” In the exhibit, they place the flag the United States flag on the floor and they have a book to so people can write their opinion. Above the book, there is a picture of South Korea students burning the flag. “President Bush Sr. declared What is the Proper Way… “disgraceful” and the entire US Congress denounced this work as they passed legislation to “protect the flag.”(Dread Scott.net) Dread Scott had the courage to display his artwork the way he did. I think it was brave of him to display it in the form he did. His artwork is controversial because in order for people to write there thought they have to be willing to step on the flag.…

    • 218 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    Case Study Assignment

    • 395 Words
    • 2 Pages

    A. The United States Supreme Court ruled that the state of Texas could not criminalize Johnson for burning a state flag of Texas as a symbol of national unity and that Johnson was protected under the First Amendment for his expressive conduct. The Supreme Court struck down 42.09(a) (3).…

    • 395 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Betsy Ross American Flag

    • 475 Words
    • 2 Pages

    The beginning of the new American sign was on its way, the flag, not having a specific date of it being completed, but estimated around late May early June of 1776 (WomenHistoryBlog), the American symbol was first showed and waved on July 4, 1776, when the Declaration of Independence was read aloud ( USHistory). June 14, 1777 Continental Congress made the decision to use the flag as a symbol to spread unity, and pride throughout the colonies. On this day the continental congress adopted the American flag.…

    • 475 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Nullification was first expressed in the Virginia and Kentucky Resolutions of 1798-1799. These resolutions declared that the Federalists’ Alien and Sedition laws were unconstitutional. The resolutions were written by Thomas Jefferson and James Madison. On December 10, 1832, President Andrew Jackson proclaimed to the people of South Carolina that disputed a states' right to nullify a federal law.…

    • 194 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Barnette asked the federal district to stop enforcement of the requirements of the patriotic exercises. A three-judge panel granted Barnette’s request. Judge John J. Parker stated that the flag-salute requirement was “violative of religious liberty when required of persons holding the religious views of the plaintiffs.” After the board’s decision, no more Jehovah’s Witnesses were expelled from schools for not saluting to the flag. The decision was then appealed to the U.S. Supreme Court and by a 6-3 vote they ruled that it was unconstitutional for public school officials to require students to salute and pledge allegiance to the flag at the risk of expulsion from school on June 14th, 1943. “The Barnette Court couched its decision in language evoking freedom of speech. The choice to salute the flag was speech, the Court said, and the First Amendment protected individuals from compelled speech. It almost did not matter that the Jehovah's Witnesses had religious objections to pledging allegiance to the American flag; neither they, nor anyone, could be forced to verbally espouse beliefs they did not…

    • 1428 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Defenders of the confederate flag claim that it represents "heritage, not hate." How can any good come out f a flag that has caused an immense negative impact? the confederate flag represents a split in our nation and symbolizes discrimination, therefore it should be banned. Continuing, the flag has also caused violence and inequality.…

    • 315 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    It merely creates a new power subject to the previously existing limits. However, this just-an-affirmative-grant theory is problematic in that the 28th Am purports to confer an affirmative power on the states; yet the states do not derive their affirmative powers from the federal Constitution; thus, as to the states, the point of the Amendment is to lift the 1st Am's bar to flag-desecration prosecutions, and it is logical to assume that this is the point with respect to the federal government as well. Moreover, the obvious purpose of the 28th Am is, at a minimum, to overrule Texas v Johnson and United States v. Eichman. To hold otherwise would be to deny the People's ability to amend the Constitution. In a prosecution against White, White could object that he did not violate the Act because the homemade 49-star flag was not "the flag of the United States." To the extent that the Act covers imperfect flag replicas, White could argue, it exceeds the government's power under the 28th Amendment. These are close questions; however, the difficulty of determining what exactly counts as a U.S. flag is ordinarily invoked as an argument against a flag-desecration amendment, and by passing the amendment, Congress and the states rejected this argument. Presumably, the 28thAmendment gives Congress some leeway to define a U.S. flag broadly. Whether it did so in the Act is largely a question of statutory construction, while the assignment asks for constitutional arguments. {Comment: Perhaps the statute fails to give proper notice, a due process issue that some answers raised.} Finally, Vermont probably has third-party standing to raise the 1st Am objection on the ground that overly broad laws chill free speech, and should be amenable to challenge by any party with Article III…

    • 1981 Words
    • 8 Pages
    Good Essays
  • Good Essays

    The confederate flag originally stood for southern pride, but most people argued it stood for racism, slavery, and hatred. The negative connotation of the flag did not come until after the Confederacy adopted the flag in 1863. The leaders of the Confederate Army in Virginia wanted a distinctive flag, so they could distinguish themselves from the United States. There were three versions of the confederate flag. The first flag was greatly disliked because of its strong resemblance to the United States flag. The second flag incorporated the battle flag for Virginia and did not last because of aesthetic reasons. The third flag also resembled the battle flag for Virginia, with an all white background and a red vertical stripe, resulting in the third flag not lasting very…

    • 940 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The issue of the Confederate Flag has a long history. The fight in Michigan is over a different flag, the "Betsy Ross" flag. It was made in 1777. This was not long after the Declaration of Independence. The flag has 13 stars and 13 stripes. They stand for the 13 original colonies. These colonies became the United States. 240 years have passed by and the flag is now an issue to many people of color because, when the flag was made it was during the time of slavery and it was flown during the early days many people owned many slaves. In some parts of the world, such as North America there is a tremendous dispute over flowing the Confederate Flag in Columbia, South Carolina. South Carolina is mostly populated with many black people and there are also white people who flew the flags on their car. There are many flags…

    • 703 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Many people are not taught to recognize the confederate battle flag in ambiguous ways such as structure. Instead, we are taught to recognized the stars and bars. The flag that was last decided by the confederacy was the same structure as the flag now. People may ask “why is this a problem if we’ve been doing this before?” well, the problem is the 3rd state flag didn’t offend anyone or tarnish our wonderful state, but we Georgians went and changed the flag back to what we believe is displaying pride for our history. This flag is actually displaying again ignorance and…

    • 533 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    se abla espanol

    • 285 Words
    • 2 Pages

    3. In light of the U.S. Supreme Court’s decision in Texas v. Johnson, (referred to on page 150 of the text) discuss whether you believe Illinois, or any other state, could enforce a law prohibiting flag burning in protest (similar to the act committed by Johnson).…

    • 285 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Pledge of allegiance

    • 482 Words
    • 2 Pages

    In 1923, the words, "the Flag of the United States of America" were added. At this time it read:…

    • 482 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Former President Woodrow Wilson once said, “This flag, which we honor and under which we serve, is the emblem of our unity, our power, our thought, and purpose as a nation… And yet, though silent, it speaks to us – speaks to us of the past, or the men and women who went before us.” Woodrow Wilson had a lot of pride in our American Flag, as so today, we do as well. The American Flag, also known as the “Stars and Stripes,” was made by Betsy Ross, a known sewer around her time, on June 1777. The flag has been modified 26 times and the flag we have today was made in 1970 by Robert G. Heft, a former teacher and mayor of Napoleon, Ohio. When it comes to the topic of the American Flag, most of us will readily agree that it is the well-known icon of…

    • 1200 Words
    • 5 Pages
    Good Essays