Flag Protection Act example essay topic

In the late 1800's there was a movement across the nation to protect the American flag. They called it flag desecration laws, it was a crime to desecrate, or show disrespect for the American flag. Back then there was little concern about flag burning. The Supreme Court had not related free-speech claims to conduct in those early days, nor applied the limitation of the first Amendment to the United States of America. It was not long until the state court rulings began striking down the state flag burning laws.

The court did not believe that anyone could use the flag for advertising purposes. There was lots of people in the 1900's -1950's having fines for advertising the flag of the United States. "The Court believed that using the American flag for advertising: tends to degrade and cheapen the flag in the estimation of the people, as well as to defeat the object of maintaining it as an emblem of national power and national honor. And we cannot hold that any privilege of American citizenship or that any right of personal liberty is violated... ". (Miller).

Before the United States of America entered WWI some people burned an American flag and other flags of other countries. A crowd sang hymns and preached for peace. The people who burned the United States flag said that they were being loyal to all mankind. When the Vietnam War came there was more flag desecration cases. It all started when the United States introduced ground combat troops to the war. Flag burnings became more popular; it started to stir the emotions of politicians and the American citizens.

People were burning flags in front of the White House to show their hatred towards the Vietnam War. April 15, 1967, in Central Park in New York City was an eventful day. Almost two thousand people were attending an antiwar, flag-burning rally there. Photographs of the flag burning appeared in the national press and caused concern among members of Congress. These congressional debates led to the 1968 enactment of the first federal flag-desecration law. Stephen Radich, owner of a New York City are gallery, was arrested after displaying artwork that protested the Vietnam War.

The American flag was displayed in several ways that were thought to be disrespectful. Radich was found guilty of violating the New York flag-desecration law. During oral arguments before the Supreme Court, Radich's lawyers emphasized again the political purpose behind Radich's action. They claimed that the First Amendment protected Radich's right to political dissent. Americans are proud and protective of their right to free speech. Also, there is an American sympathy for the government's right to protect itself and its symbols.

During times of a military draft, Americans were required to support the flag. They served as soldiers and even died for their country and its symbols. The State made some of these arguments in the Texas vs. Johnson case. In 1986 congress tried to pass the Flag Protection Act. This act penalized anyone who mutilates, defaces, burns, maintains on the ground or floor, or tramples the flag of the United States. "The purpose of the Act was: to protect the physical integrity of the American flag against mutilation, defacing, burning, trampling upon or maintaining on the floor or ground.

The subject matter of this legislation is unique, as the American flag has an historic and intangible value unlike any other symbol". (Miller). The Flag Protection Act did not stop people from burning flags; in fact, more flags were burned to protest the Act. A bill was just denied in Congress to outlaw flag burning. Since the Supreme Court held a couple of years ago that burning a flag is speech completely protected by the First Amendment, Congress has recognized that the only way to over-rule the Court is by amending the Constitution. At any given time, a lot of proposals to change the Constitution are floating around, and most never go anywhere, but the flag burning amendment had the worse simplicity necessary for success: a vote against it, rather than being perceived as a vote in favor of free speech, would be seen as a vote in favor of flag desecration.

And so just some things come to pass, not because they are right, but because no one is afraid to stand up to them. However, the Founders in their wisdom provided that the Constitutional amendments require a 2/3 majority of both the Representatives and Senate. The bill fell several votes short of passing through the Senate, only 63 Senators voted for it, and is dead for now. The Supreme Court 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 the peoples rights.

With all the problems facing America right now, it's hard to imagine how 252 Representatives and 50 Senators found the time to sign a legislation and push to change our Constitution to eliminate this form of expression which the Supreme Court of America has upheld.

Bibliography

Miller, J. Anthony. Texas vs. Johnson. Springfield, NJ: Ens low, 1997 Blumen, Jonathan.
The Ethical Spectacle". The (semiotic) stench of a burning flag (amendment). Online. Blumen. 1996 web Apel, Warren.
A Brief History of Flag-Burning" Esquilax Productions. Online. Apel. 2000 web.