...The American Flag is a symbol of freedom, liberty, and human rights, and should not be taken for granted. The military worked hard to earn the freedom that American citizens enjoy today. Soldiers continue to protect this freedom here and abroad and as a result are currently in combat overseas. The role of American citizens is to pay these soldiers with utmost respect, however, some people tend to forget or take these privileges for granted. When someone destroys the American flag, they are disrespecting the United States of America and its military. Therefore, Johnson should be punished for the desecration of the American Flag because it goes against this country’s values and what the military has long fought for and protected. In 1984, Gregory Lee Johnson burned a flag outside of the Republican National Convention in Dallas, Texas. During the flag burning, protesters shouted, “America the red, white, and blue, we spit on you.” (Protesters 400). Johnson, along with others, were not happy with the policies of President Ronald Reagan. The question is, if someone strongly disagrees with...
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...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, and 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”...
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...Protection of the American Constitution In the summer of 2009, Al Rozzi during a protest of the wars in Iraq and Afghanistan, burned a flag among a group of protesters. Rozzi was arrested for desecrating the American flag. Flag desecration is the act of intentionally destroying, damaging, or mutilating a flag. It’s usually done in the public and usually the destruction is caused to a national flag. Rozzi’s flag destruction is a form of protest which is considered a right to freedom of speech under the First Amendment of the American Constitution. The controversy of flag desecration started with the case, United States Supreme Court in Texas v. Gregory Lee Johnson in 1989, when Johnson drenched an American flag in kerosene and burned it in front of the convention building while protesting the polices of Ronald Reagan. Other protesters followed Johnson with chanting “America; red, white and blue; we spit on you.” Johnson was arrested and convicted under a Texas law for intentionally desecrating a state or national flag. He was fined $2,000 and sentenced to one year in jail. He appealed the Supreme Court decision and Texas argued that they had a right to protect the flag as a symbol of national unity. Johnson argued that his freedom to express himself protected his actions. Luckily, the Court sided with Johnson’s argument for expressing freedom of speech. The United States Supreme Court in Texas v. Johnson case generated years of debate over the meaning of the flag, including efforts...
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...burning of the American flag is one that continues to be a topic of controversy. 2) The burning of the United States flag should be illegal. 3) Limits in Freedom of speech, flag desecration, and the right to protest and the actions of individuals and messages carried out by others has lead me to believe that freedom of speech shouldn’t be absolute only limited. 4) Although people wish to express their political discomfort. There is no need for them to express it in a way that desecrates the American flag as it represents the nation that gives them the opportunity to protest their discomfort in the first place. II) Body 1) According to Armstrong Williams, the freedom of expression, of course,...
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...Grinberg Due: December 3, 2010 Mr. Baldwin E5X-09 That Flag Should Not Be Protected The United States is known for being ‘land of the free’, a nation with a Declaration of Independence, as well, as a Constitution protecting the rights of it’s citizens. Wars have been fought and many people have died so we could have the rights that present today. The freedom of speech, freedom of religion, freedom of assembly, and most importantly the right to petition our government; all of which fall under the First Amendment in the Bill of Rights. Our nation’s flag is an everlasting symbol of freedom and hope that stands as a testament to our nation’s power. Most importantly our flag represents the freedom of the individual to express his ideals as they see fit. Therefore when the very essence of Americans freedom is challenged by the “flag amendment,” that would forbid the desecration of the American flag, a dilemma forms. While flag burning is highly offensive, it is none the less a means of expression and is protected by the constitution of America. Forbidding an individual from expressing themselves is the opposite of what our flag represents. By protecting the American flag under a constitutional amendment not only conflicts with the First Amendment, but opens a door for the government to take away even more of our rights. The First Amendment to the United...
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...The Backgorund of the Case Gregory Lee Johnson was arrested and charged with violating a Texas statute that prevented the desecration of a venerated object. In 1984 during the Republican National Convention, held that year in Dallas Texas, Johnson had accepted an American flag from a fellow protester which had been taken from a flagpole of one of the protest’s targeted buildings. After unfurling the flag, he soaked it in kerosene and then lit the flag on fire. Protestors nearby gathered around the flag and chanted the phrase “America, the red, white, and blue, we spit on you”. Although none of the participents or bystanders were physically injured or threatened, several witnesses testified that the burning of the flag was offensive to them....
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...Johnson: The Flag Burning Case In 1984 outside of a Dallas, Texas, Gregory Johnson was protesting Ronald Reagan’s policies outside of the Republican National Convention. Johnson was a member of the Revolutionary Communist Youth Brigade, where members would gather and destroy property in an protest called “War Chest Tours.” As the members reached Dallas City Hall, Johnson poured kerosene on a stolen flag and burned it. Johnson was taken into custody and charged with violating a Texas law that prohibits the vandalization of respected objects. During his sentence, he appealed his conviction in the Fifth Court of Appeals of Texas which he lost, and then in the Texas Court of Criminal Appeals, where his conviction was overturned because they said flag burning was protected under the first amendment. Since this sparked...
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...The case study references one state statute. Identify it and explain what it prohibits. “The case study of State vs. Johnson references one specific state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object. A person commits an offense if he/she intentionally or knowingly desecrates, a state or national flag. “Desecrate” means to deface, damage, destroy, vandalize and/or mistreat in a way that the actor knowingly will greatly offend one or more persons are like to observe or discover his/her action. This offense is a Class A misdemeanor “(Case Study Texas vs. Johnson, 2014). The statue prohibits intentionally or knowingly desecrating, destroying, damaging, burning, mistreating of a state or national flag in public that will seriously offend one or more persons and is witnessed by one or more persons. This statue was made to prohibit only flagrant acts of flag desecration that take place in a public setting or place (Case Study Texas vs. Johnson, 2014). 2. Which branch of government created the state statute? The state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object, was created under legislative branch. The State’s interest is to prevent a breach of peace by prohibiting certain acts of flag desecration have been considered to be unrelated to the suppression of freedom of speech, the First Amendment of the Constitution. 3. The passage above also discusses one court case. Who were the parties involved...
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...Republican Party met in Dallas, Texas for their national convention. President Ronald Reagan, seeking a second term in office, was to be officially named the Republican Party’s candidate for President. During the convention, opponents of Reagan’s policies organized a political protest in Dallas, which attracted over 100 protestors. Among the protestors was Gregory Lee Johnson. As the demonstrators marched through the streets chanting slogans, another protester handed Gregory Johnson an American flag that had been taken from a flagpole at one of their protest locations. Upon reaching Dallas City Hall, Johnson doused the flag with kerosene and set it ablaze. Johnson and his fellow demonstrators circled the burning flag and shouted anti- American slogans. No one was injured or threatened with injury by Johnson’s act, but many who witnessed it were deeply offended. Dallas police officers arrested Johnson and charged him with violating section 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” Johnson pleaded not guilty in Dallas County Criminal Court, and after a trial was found guilty of violating the statute. He was sentenced to one year in prison and fined $2,000. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984). Johnson appealed his case to the Texas Court of Appeals, Fifth District, claiming that the statute under which he was convicted was unconstitutional. The Court of Appeals disagreed with Johnson...
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...With social conflicts in America stealing the spotlight in most major news outlets, the people are beginning to question what qualifies as patriotic. A pure example of this can be seen in the National Football League where some players are refusing to stand for the country’s national anthem. This has caused uproars and debates among Americans across the land of freedom. Kenneth Jost, a reporter for The CQ Researcher, observes that many Americans fear patriotism is declining in the nation (Jost, 545). Two individuals, retired Maj. Gen. Patrick Brady and Carole Shields, took to analyzing a related matter in an article of The CQ Researcher. Both parties responded to the question, “Should Congress approve a constitutional amendment to permit laws prohibiting the physical desecration of the flag?” (Jost, 561). Maj. Gen. Patrick Brady argued that the desecration of the flag produces terrible impacts and is not protected under the first amendment. On the other hand, Carole Shields wrote that the ability to burn a flag is...
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...The Burning of the American Flag DeAnna Parker March 24, 2015 Mark Wallace Sanford Brown College Online Over the years, there has been a question burning (no pun intended) in people’s minds. Is burning the American flag, freedom of speech? It’s not hurting anyone; it doesn’t put anyone in danger, unless you’re close to something flammable. Some say it is a symbol of our long fought for freedom, and whatever else this country was built upon. Others just think that it’s a peace of cloth, it that burning the flag is just symbolic. When the government, or law enforcement acts against the rights of the people that they are acting against what the people have fought for. Then there is the thought that the flag just represents mass genocide of innocents, so why not burn it. As of today flag burning is not illegal in the United States, and the Supreme Court of the US protected it under the First Amendment back in 1969. Nevertheless, anyone who burned the flag can be found guilty in court under a misdemeanor, for having started a fire without a permit. The right to protest just got thrown under the bus, despite the fact that flag burning is protected under the First Amendment. The case at the US Supreme Court was in 1907, the Halter v. Nebraska case, later on in 1968, in light protests against the Vietnam War, Congress passed a the Flag Desecration Law. (Danilina, 2015) People want to send out a message by burning the flag. Though it is extreme burning the flag is a form of expression...
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...for women. Proposed in 1972, only 35 state legislatures ratified it – three short of the required ¾. Amendments proposed by: Amendments ratified by: Congress: 2/3 majority in both houses required State legislature: ¾ of the state legislature must vote to ratify National constitutional convention: called by at least 2/3s of the states State constitutional convention: ¾ of the states must hold conventions and vote to ratify The Bill of Rights were a group of ten amendments proposed together by Congress in September 1789 and ratified together by ¾ of the states in December 1791. The Bill of Rights was created to sugar the impact of being under a new federal Constitution with its potentially powerful centralised government and protect Americans against an over-powerful federal government. Recent History of Amendments: • During Bill Clinton’s presidency (1993-2001) over the 6-year period when the Republicans controlled both houses, there were 18 votes on proposed constitutional amendments. • The House agreed to a...
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...Just 27 amendments were approved since Americas Constitution became active, and 10 of those amendments became what we U.S citizens consider the Bill of Rights. In changing the Constitution, considerably escalates the significance of the Supreme Courts’ choices in understanding the Constitution, on the grounds that reversal of the Supreme Court's choice is doubtful, aside from in situations when peoples’ disagreement is extreme and near unanimous. Even disliked Supreme Court choices, for example, the Supreme Court's prevention of burning a flag are liable to stand unless the Court itself deviates from its original choice. As to the occurrence of burning a flag, we see the troubles in passing such an amendment. There is a passionate and recorded tie between the American individuals and their Flag, and when you include the rights in which every U.S native has, this thought of passing a revision for a particular case, in this instance “burning a flag,” can become troublesome. Our country's founding fathers announced their sovereignty on the 4th of July seventeen-seventy-six, breaking from the oppression in a country that deprived them...
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...Texas v. Johnson Supreme Court of the Unites States, 1989 491 U.S. 397. Facts: During the 1984 Republican National Convention, Gregory Lee Johnson burned an American flag to protest the policies of the Regan Administration and certain Dallas-based corporations while protesters chanted "America, the red, white, and blue, we spit on you." Although no one was physically harmed or threatened, many bystanders were deeply offended by the demonstration. He was arrested and convicted of violating a Texas statute that prevented the desecration of a venerated object if the action were expected to rouse anger in others. He was sentenced to one year in prison and fined $2,000. The Court of Appeals for the Fifth District of Texas affirmed the conviction; however, the Texas Court of Criminal Appeals reversed it stating he could not be punished for his actions of obvious political nature in this circumstance. The case then went to the Supreme Court to...
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...Arsianna Walker PA 205 Unit 1 assignment 4/10/15 1. Flag desecration for Texas prohibits one from marking the American flag, using the flag for advertising. Mutilating or destroying the flag, by words or actions. 2. The United States of America Legislative branch, composed of the House of Reps and the Senate, also known as Congress, makes our laws like flag desecration statue. 3. State of Texas is the Plaintiff and Gregory Lee Johnson is the Defendant in the case. 4. The case went before the Texas Court of Criminal Appeals the highest authority, the Fifth District which has the middle of authority also the Dallas County Criminal Court which has the lowest amount of authority. 5. The Supreme Court after reading the parties’ appellate briefs and oral arguments, in a 5 to 4 vote, affirmed the decision of the Texas Court of Criminal Appeals in the matter of Texas V. Johnston, 491 U.S. 397 (1989). 6. The effect that The United States Supreme Court ruled that the Texas statue was erratic when compared to the First Amendment, striking down the statue. 7. Case law and statutory law like the ones above differ in many ways. Case laws are the collection of obtainable writings that gives explanations of verdicts in a variety of cases. Judges reasoning and citing of precedents in other cases as well as statues that help determine their decisions. Case laws are here to guide decisions for cases. I personally feel they are a major portion of the function judiciary....
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