Ban Flag Burning Ban Everything Term paper

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Ban Flag Burning, Ban Everything?

Citizens' right to flag burning should not be deprived, as there is nothing illegitimate in principle about doing so for the purpose of demonstrating one's dissent from government laws or practices. This is their fundamental right of doing everything they please, as long as it does not infringe on the rights of others. The Supreme Court, the umpire of the federal system, has already ruled many times in favor of the action that is protected by the First Amendment--the freedom of speech. Congress has also repeatedly, four times precisely, rejected bills about such matters. The ultimate reason is because forbidding citizens to burn the flag is unconstitutional.

In the well-known Texas V. Johnson case, Supreme Court determined that what Gregory Johnson did (burned a flag) was expressive conduct, protected by the Constitution, and his actions did not constitute fighting words. Since not all offensive conduct will incite a riot or disturb the peace, the government may not outlaw certain types expressive conduct simply because they may have such effects. The majority of judges also made the famous quote, if there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. The hateful behaviors of Ku Klux Klan are no doubt distasteful and disgusting, but we still tolerate them. It is because we know downright if marches and demonstrations were not allowed, we would never have seen the success of the civil rights movements.

Americans live in a country whose Constitution guarantees to protect her citizens' rights. As Senator Ted Kennedy said, The words of the first amendment are simple and majestic: Congress shall make no law abridging freedom of speech. The proposed constitutional amendment [prohibiting flag burning] would undermine that fundamental liberty. The dangerous part of passing such a law is that it is not about destruction of physical property, but tells people how to think and act. Because one does not like the idea about burning the national icon, this does not mean he or she can force others to stop, as the icon itself represents freedom. Freedom is a principle this country was founded on. If individuals are not allowed to protest in a way just because it is not preferable to others, it is easy to destroy the principles of America. That is what actually undermines the meanings of the symbol. No wonder Bush s secretary of state, Colin Powell, a retired four-star general who opposed the measure in 1999 said, I would not amend that great shield of democracy to hammer a few miscreants. The flag will be flying long after they have...

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