The Problem of Flag Burning in the United States (Free Essay Example)

Flag burning is one of the most controversial aspects of the U.S. Constitution’s First Amendment’s protection of free speech. It is clear that the question of flag desecration is still a major issue in American society, but not to the extent that makes it clear what the actual law is regarding the matter. While the Supreme Court has made many rulings regarding the issue, the question of flag desecration remains highly debated. Flag desecration, more specifically flag burning, should not be punishable by federal or state law because it is considered, as stated in the First Amendment, as an act of free speech, and therefore should be protected as a civil liberty. 

Flag burning should be considered free speech by the United States Federal government. Specifically stated in the First Amendment, flag burning is declared an act of free speech. “When a flag is privately owned, the owner should be able to burn it if the owner chooses, especially if this action is meant in the form of protest.” This quote clearly shows that any flag may be burned if the owner so wishes. It follows, therefore, that this should be upheld by the US government, as the First Amendment is part of the Constitution. The United States government has protected free speech throughout history, and so flag burning should be protected as well. 

Flag burning should not be punishable by US federal or state law. The US Supreme Court has ruled that flag burning cannot be punished many times. In 1984, Gregory Lee Johnson burned an American flag in front of the Dallas convention center, where the Republican national convention was being held. Johnson was protesting the policies of President Ronald Reagan. He was arrested, and then charged with violating a Texas statute that prevented “the desecration of a venerated object, including the American flag, if such action were likely to incite anger in others”. Johnson appealed to the Supreme Court, arguing that his actions were protected by the First Amendment. The Supreme Court ruled 5-4 that flag burning constitutes “symbolic speech” protected by the First Amendment. This case shows that the First Amendment does protect flag burning, as it is considered “symbolic speech”, which is a kind of free speech. Thus, flag burning cannot be punishable by federal law. 

As stated in the First Amendment, flag burning is considered an act of free speech, and therefore should be protected as a civil liberty, and should not be punishable by federal or state law. Flag burning should be considered free speech by the United States federal government, because it is specifically stated in the First Amendment. Flag burning should not be punishable by US federal or state law, because the Supreme Court has ruled that it constitutes “symbolic speech” and is protected by the Constitution. Free speech is a crucial part of the American Constitution and punishing flag burning causes more damage than lighter fluid ever could.