Yes, I agree with the supreme court ruling
No, flag burning should be illegal/a crime
I am not sure
If you build a man a fire, he'll be warm for a day.
If you set a man on fire, he'll be warm for the rest of his life.
Wow, haha, I've spent approximately 2 hours a day since novemeber of '10 looking at Texas v. Johnson, and ways to use it to advocate free speech.
Mr. Johnson was exercising his protected right to symbolic, expressive speech (as the SC pointed out) because his speech, when taken in context, had a larger meaning. He wasn't just burning the flag just to burn it, he was doing it to protest Reagan's policies.
Furthermore, protestors around him chanted, and the entire event was at the Republican National Convention in Dallas, Texas (Johnson had some balls). The Supreme Court established the idea of "speech plus" which is synonymous with symbolic speech, and established that it's level of protection under the first amendment comes second only to "pure speech."
Specifically, the Texas statute prohibited desecration of the American Flag, and the compelling interest was the flag as a symbol of national unity. Regardless, the SC held that the compelling interest of protecting the flag for that purpose was insuccifiently compelling.
I suppose burning a flag might not necessarily be protected. For example, if it was done to represent a true threat (which was first mentioned in Watts v. U.S. and fully explained in Virginia v. Black) then it is not protected. Further, if it constitutes fighting words under Chaplinsky v. New Hampshire, it may also not be protected.
Essentially, it depends on whether the statute the flag burning is being held liable under, whether the burning itself can be categorized as symbolic in nature, and if it is symbolic, whether the statute furthers a compelling state interest, and furthers that interest, "by the least restrictive means."
If the statute constitutionally prohibits the flag burning, then it is not "free speech" which is in any case, a rather ambiguous term.
Veni. Vidi. Vici.
-Gaius Julius Caesar
The Only Thing to Fear is Fear Itself.
-Franklin Delano Roosevelt
It's just a flag.
Burn it, if you wish. Throw it in the garbage. Walk on it. Wear it. Makes no difference. The honor we show our flag comes from within the hearts of the individuals honoring it...not because it's sewn with a needle and thread. Actually, a pretty silly thing to waste much time thinking about. Don't want to honor it? Who cares?
The American flag is honored in my home. I don't care if my neighbor picks up dog **** with his. It reflects on him, not the flag he's usin'.
Thank you, Quazi!
So long as you do it to your own property and you do it safely, it's none of anyone else's business what you do with a flag you own.
Last edited by earthworm; 03-05-11 at 09:51 PM.
All of our flags are made in China and are therefore disposable.
If you outlaw burning the flag, many more will be burned in protest than would have been if it had been kept legal. Protesters want to be arrested to make their point.
HELPING HILLARY PICK OUT HER INAUGURAL GOWN!The jokes write themselves!
As opposed to flag burning as I am, I think it should be protected as 'free speech'.