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In recent weeks just prior to and shortly after the 2016 U.S. Presidential election, there had been numerous reports of protests, some of which involved the public act of burning of the U.S. flag. One of the more recent reports was in the form of an Internet video that went viral and was viewed by thousands. This video featured a group of protestors who gathered at an Iowa City mall and proceeded to set a U.S. flag on fire (Saavedra, 2017). In response to this visible act of protest, a passing FedEx driver, quietly approached the group and extinguished the burning flag. The video footage of the protest and the FedEx driver’s actions has since fueled the current topic of discussion among many. That is, whether flag burning, specifically, the U.S. flag, should be a punishable offense despite the …show more content…
This may very well result in the creation of divisive sentiment of a nation. The U.S. Supreme Court in its rulings in Texas v. Johnson and U.S. v. Eichman, held that by criminalizing those who are found to have desecrated the U.S. flag violates constitutional rights (Goldstein, 1994). Although this is the guiding law related to such acts, it is important to note that lower courts have avoided addressing whether such acts are considered protected by the First Amendment as a form of symbolic speech (Wattad, 2008). While the courts have emphasized the constitutional importance of symbolic speech, there is no reference to application of criminal law as it relates to the offense (Wattad, 2008). Although conduct such as flag burning is presumed to be constitutionally protected, this does not mean that every person, simply because they have to right to such freedom, should be allowed to desecrate the flag (Wattad,

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