Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. I dont see it am I wrong?
2006-11-10 09:08:24 · 14 answers · asked by rebel_slash_hippy 2 in Politics & Government ➔ Law & Ethics
I am a conservative Republican and I absolutely believe that we have a First Amendment Right to burn the U.S. Flag. "I may not agree with a word that you are saying, I but I would defend, to the death, your right to say it." No law abridging "freedom of speech". First you have to ask what "speech" is. If you think that speech only means "the spoken and written word", then fine, that's it. The real question becomes, how far should the government be able to go to control your message coming across? Hey, the internet and this Board aren't mentioned. What is stopping the Government from shutting this site down. Typing this stupid debate is not "speech" right? P.S. chicks are allowed to dance nude BECAUSE of the liberal interpretation of "free speech", so don't rock the boat!
2006-11-10 09:24:45 · answer #1 · answered by ? 4 · 0⤊ 0⤋
The 1st Amendment protects freedom of expression.
Burning a flag, as a symbolic act to make a point, is expressive conduct. Thus, if there are no generally applicable laws that apply, then that is a legal way to express your message.
By generally applicable laws, I (and the court) was taking about things like ordinances that prohibit any type of fire, for safety reasons. It doesn't apply to laws that prohibit burning flags specifically, because the law allows other messages to be expressed using flags, and viewpoint discrimination (only prohibiting some messages, but not others) is unconstitutional.
2006-11-10 11:59:51 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
This is what amazes me. This country is so great, and freedom of expression is so wonderful we can burn the flag. The country and our freedoms are stronger and more important than the symbol. So when you see a flag burning, realize that is why we are the only superpower and realize why all the others are wannabee USA. A flag burning is a celebration of how strong our Amendment, Rights and Freedoms are. I don't agree with everything said by everyone, but I am so grateful that we can ALL say what we must.
2006-11-10 09:21:54 · answer #3 · answered by commonsense 5 · 1⤊ 0⤋
Free speech is also constitutionally interpreted as freedom of expression; burning a flag in protest falls under that.
Now, it's perfectly legal to burn a flag, especially if it's done respectfully (as in disposal). So basically, an anti-flag desecration amendment is purely to outlaw disrespect. A slippery slope indeed.
2006-11-10 09:20:32 · answer #4 · answered by Anonymous · 1⤊ 0⤋
At one time, it was against the law to burn it. It was then taken in front of the Supreme Court where it was decided to be an infringement of a person's Constitutional right to burn the flag if he chose to. It fell into the "Freedom of Speech" clause. You can find it under Supreme Court decisions if you visit the Judicial web site.
2006-11-10 09:21:37 · answer #5 · answered by Nancy L 4 · 1⤊ 0⤋
Technically, it does give you the right to burn the flag, however there is an amendment being proposed that would outlaw burning and otherwise desecrating the flag, or any national symbol, which I think would be a good thing.
2006-11-10 09:20:17 · answer #6 · answered by Sasha B 2 · 0⤊ 1⤋
Personally , I love my country. I love the flag. If a person wants to burn the flag then is is not hurting me. Is it free speach? I do not know. Here is what I do know. I believe that a person has the constitutional right to be stupid. So, if burning the flag is stupid then he has that right.
2006-11-10 09:14:05 · answer #7 · answered by goodtimesgladly 5 · 0⤊ 1⤋
Flag burning is a red herring.While we all get upset and argue amongst ourselves the politicans get away with murder.They think most of us let our emotions do our thinking for us.We don't disapoint them,ever.
2006-11-10 09:16:25 · answer #8 · answered by Dr. NG 7 · 1⤊ 0⤋
I don't think burning flags hurts the country.
The VFW does it every Fourth of July.
2006-11-10 09:12:40 · answer #9 · answered by frogmaster 2 · 0⤊ 0⤋
not that i'd ever feel the desire to burn my American flag but it is my property, i bought it, so i can use it to wash my car if i want. with all the truly major problems we face in our world it amazes me that anyone would put any energy into these non issue issues.
2006-11-10 09:14:58 · answer #10 · answered by nebtet 6 · 0⤊ 0⤋