American Flag Desecration example essay topic

1,471 words
We live in a culture where people are supposed to be able to express their thoughts and opinions without the fear of punishment. Since our society is developing more individualistic values as time passes, there is a prominent need for people to be able to convey their opinions otherwise our nation would not be able to keep developing into the prevalent country it has become. Throughout society there is a need for social acceptance and conformity. But one can always be seen resisting cultural norms and refusing the opinions of the majority.

When one looks from the global perspective, they can observe resistant actions such as violent protests for government issues and murders for religious reasons. On our campus, one may observe a student protesting about tuition rates, or even a minister discouraging students from immoral activities. This idea of free expression has been available to the American public for over two hundred years. When reflecting on our own country's foundation, the founding fathers considered many issues when forming the Bill of Rights. But as one would expect, there were modifications that needed to be implemented as time progressed. The Constitution contains amendments that Thomas Jefferson felt the country needed to better define what the Bill of Rights was trying to express.

One amendment that is widely debated even today is the First Amendment. It states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances". When referring to the freedom of speech, many in our country feel that one should be allowed to say whatever he or she wants. But there are others who consider this rule to apply to other acts such as freedom of any expression, whether it is spoken, written, or acted out in public. This idea of expression can challenge the public's view of what is acceptable such as the ongoing debate over the burning of the American flag. The history of flag burning can be observed throughout our nation's beginnings.

First, the American flag desecration came into issue around the Civil War era. Next, the problem is again addressed in the trials of Gregory Lee Johnson. Then, the Supreme Court became involved with the matter in the Texas vs. Johnson case. Finally, the Supreme Court ruling in U.S. vs. Eich man posed as the greatest standard for flag burning cases to this day. (still developing) There are many who oppose flag burning for numerous reasons. Many feel that flag burning does not fall under the First Amendment's idea of free speech. They consider it a form of conduct.

People across the nation feel that the American flag is a symbol of national unity and it is a representation of American democracy and freedom (Pilon 14). This symbolism has developed over the years and has become sanctified by turns of history, such as September 11th. Several believe that the flag should hold rules beyond the ordinary. The majority of Americans, as much as 70%, is appalled by this form of flag desecration and wishes to outlaw it (Goldstein 2 xv).

Many of these people feel that it is un-American to burn such a sacred symbol of the country. They believe that in order for the flag to remain sacred, all Americans should develop their opinion of the issue. It is a known fact that our flag is special and that Americans should have a special regard for it. Since our flag captures the symbolism of nationhood and national unity, the public feels that in order to protect these concepts we must protect "the public's sensibilities from distasteful or dissenting views" (Nagel 93).

People feel that this concept of identity is based on history, imagination and sentiment and it should be promoted by protecting the flag. The general public who does not believe in flag burning suggests that the flag represents our complex political heritage and believes our constitutional ideals should include the sacredness of the flag. Our culture wants to stay within the moral limits and keep the American tradition alive by preserving the symbolism of our national emblem. In contrast, there are groups among the population that believe the rights expressed in the Constitution, including free speech, should be protected in every aspect. The freedom of speech allows all Americans to develop their own opinions and expressions, including the right of political expression. Those who oppose flag desecration do not understand that the form of expression does not equate the symbolic content of the expression and the message it conveys (Pilon 17).

Many are outraged by the message expressed by burning the flag and wish to outlaw these immoral thoughts. But they do not realize that protesters are not the only people who burn flags. There are many veterans who burn the flag out of honor of their patriotism. One has to realize that burning a flag is the only proper, patriotic way of retiring worn flags. Goldstein admits that the majority of the population feels that "if you burn a flag with good thoughts in mind it's fine; but if you burn a flag with bad thoughts in mind you should be jailed". But in our democratic country, we do not jail people for simply having bad thoughts. (xvii) Since we live in such a large society, who is to define what thoughts are protected and which should be punished?

"The fact that somebody else is outraged by your form of expression does not restrict your right to communicate your meaning, and you must be protected in that right" (Pilon 13). The flag is merely a symbol to which society has formed the meaning and label. Since the flag is purely a symbol and has no other function, it can only be used in a symbolically expressive way. Americans believe that we should have protection of our freedom of expression. Therefore "no exceptions can be made without damaging the very basic principle on which the system was founded" (Goldstein 2 xvi).

If it is the American principle of freedom that makes everybody "Proud to be an American", then it should be our responsibility to keep that principle sustained. Many Americans believe in democracy, "but we do not live in a majoritarian democracy, where the majority can impose its will about any subject at any time, but in a constitutional democracy, where in certain rights are guaranteed to everyone no matter how unpopular they may be" (Goldstein 2 xv). Americans need to realize the extent of freedom they possess and be accepting of views that collide with their own. If flag burning goes against their morals, then they must be willing to understand that this action is merely one's own form of expression.

Supreme Court justice Oliver Wendell Homes once said, "the whole point of providing a firewall of constitutional protection for free speech is not to protect popular speech, which never needs protection, but precisely to protect 'the thought we hate' " (Goldstein 2 xvii). The whole idea of our democratic government would be destroyed if flag desecration would be banned. Thus the people wishing to ban flag burning are becoming obsessed with the object that symbolizes our freedom, while their understanding is being confused with the idea of substantive freedoms themselves. The people who stand for political rights see flag burning as an acceptable fact of our nation's standards. The ongoing flag burning controversy has greatly divided the American people's view of standards. How will one be able to define what is right and wrong in today's society?

It should be answered in the historical documents that founded our nation and it's principles. Unfortunately our society believes that in order to maintain patriotism everyone must conform to flying the flag to show pride. But society is oblivious to the fact that flying the American flag reveals just as much symbolism as burning the flag. Many believe that in order to protect the traditions and values of our culture, we must make society conform to the majority's standards. But this concept ultimately goes against everything that our country stands for. The idea of expression should not have exceptions just to make everyone content.

Society is unwilling to see that every American has the right to go against the societal norm of what is labeled as "wrong.".