The subject of this note is whether flag desecration, as an act of protest, is protected by the first amendment 5 an attempt is made to illustrate the legislative and judicial treatment of the subject. Indiana law journal introduction the american flag is a rectangular piece of cloth with the colors red, white and blue arranged in stars and stripes. Flag burning is a very controversial issue with people in america an introduction to the life of betsy ross american flag and its desecration. The us supreme court has affirmed and reaffirmed that the right to desecrate the flag is included in the constitution's protection of speech flag burning and desecration is offensive precisely because it is political. Desecration of our national flag, along with other hotly contested issues, such as gay marriages and abortion, only come to the surface when a stake in congress or the presidency is at issue.
Constitutional amendendment issue on thursday may 25th, 1995, a proposed constitutional amendment that would make it illegal to burn the american flag passed its first test the amendment passed the constitution subcommittee 7-5 and went on to the full judiciary committee. Along free speech lines,5 flag desecration remains for actors and spectators alike an essentially homeopathic and contagious magical act that defiles the sacredness of the body politic.
As isaacson pointed out in returning to the issue the week after the eichman decision came down, the 1990s fight over flag-burning came at a time when the nation was seemingly less polarized. The house went as far as approving an amendment to ban flag desecration, but it has never made it through the full senate congress shot down the most recent proposed constitutional amendment to. Desecration of the national flag is forbidden, and desecration of the national flag by an uruguayan citizen is regarded as mischief of loyalty [clarification needed] improper manipulation or adulteration of national symbols is prohibited. The chinese move to ban flag desecration has not prompted the kind of national debate that the issue has stirred in the united states, where the supreme court has ruled that flag burning is an.
Nebraska (205 us 34) — the supreme court held that although the flag was a federal creation, the states' had the authority to promulgate flag desecration laws under their general police power to safeguard public safety and welfare. As used in this section, the term flag of the united states means any flag of the united states, or any part thereof, made of any substance, of any size, in a form that is commonly displayed. Flag desecration is defined as the act of intentionally destroying, damaging, or mutilating a flag usually done in public and often destruction is caused to a national flag  perhaps the most recognizable (and often most controversial) form of flag desecration that people take part in is flag burning. President-elect donald trump's recent comments about prosecuting flag-burning protesters has started yet another debate about the issue but in the end, the only justice left on the supreme court from the 1980s could have the final say on the matter.
The flag desecration amendment (often referred to as the flag-burning amendment) is an american proposed law, in the form of constitutional amendment to the bill of rights, that would allow the us congress to prohibit by statute and provide punishment for the physical desecration of the flag of the united states. Background and context the prohibition or permission of flag burning is a key issue in the constitutional protection of free speech the first amendment of the constitution of the united states that: congress shall make no law abridging the freedom of speech. An introduction to the issue of flag desecration 205 words 0 pages the issue of flag desecreation in the united states 1,851 words 4 pages. The texas flag desecration statute6 daniel walker, an employee of the army corps of engineers, was in the crowd that day and wit- nessed the flag's burning.
The court concluded that the flag burning was speech and again determined that the flag desecration statute was aimed at the communicative impact of johnson's message the court noted, however, that speech-neutral laws, such as those applicable to public burning generally, might be constitutionally applied against flag burners. In fact, there is all the difference in the world between defending the right to desecrate the flag and defending flag desecration itself it is the difference between a free and an unfree society. The man was originally accused of creating a fire hazard, however, after they found out it was a flag he was burning, he was sentenced to five years in prison for flag desecration (lasek 2.
During the decade, states narrowed the focus on their flag desecration laws, but they still prohibited flag burning and other acts of mutilation the issue was then settled, at least in the supreme court, in the controversial texas v. Flag-desecration statute of a political protester who had burned the american flag to denounce the capitalist policies of a republican presi- dent and his party. Arguments for flag desecration laws those who uphold laws against flag desecration typically speak of the important values that the flag symbolizes they claim that legally allowing flag burning is tantamount to rejecting the freedoms that the flag represents.