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 09:13:54 · 14 answers · asked by rebel_slash_hippy 2 in Politics & Government ➔ Other - Politics & Government
As I understand it, yes it does, if said action is being used as an expression of opinion and harms/risks no one.
It's disrespectful, true; but on the other hand, the US of A is not a flag---it's a history and a people, and most importantly, a system of governance that was originally intended to grow with society while still preserving basic freedoms and rights. A flag is merely a symbol, that many people see in different ways (see opinions on the Confederate Battle Flag, for example). What really matters is that our laws preserve our freedoms and support our rights---as the founding fathers intended. I worry far more when a law is implimented that violates those rights, than when some yo-yo burns a flag for the tv cameras. One of them results in a pile of soot and a lot of hoo-ha... the other directly affects my rights and freedoms as a citizen.
2006-11-10 09:27:01 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Yes you are not seeing it, that is because the 1st Amendment protects speech, however, the court over time has interpreted speech to mean more than making sound with your mouth...substitute the word "expression" for speech and now you will see it. Speech has been held to mean demonstrative behavior (burning a flag for example, or wearing it on the seat of your pants too). This extension of speech covers things like nude photos, statues, any painting all the way up to but not including child porn. Otherwise, a narrow reading of the amendment would only cover speech and sticking up your middle finger could land you in jail or sculpting a person in the nude could have your statue demolished or for that matter depicting George Bush's image using manure as your medium could be a crime.
The US Supreme Court has already said burning the flag is your freedom to express yourself, invalidating anti-flag burning laws. This is why the Republican radicals are pushing for an anti flag burning amendment to the Constitution, which fortunately has not been passed. Go ahead and burn it--I personally don't like to see it, but I will defend your right to do it.
Note the hostility your suggestion is garnering--these are all the people who miss the point of the Constitution and the 1st Amendment altogether...they are the ignorant ones the court protects you from...for they would be the mob that respects no law.
And Marty K above is all wrong...sedition laws have been uniformly thrown out because they clash with the first amendment.....John Adams had trouble with sedition laws....read your history!
2006-11-10 17:19:42 · answer #2 · answered by William E 5 · 1⤊ 0⤋
Unfortunately the first amendment doesn't specifically state that burning or desecrating the flag is a right. Our laws are written in general terms and it is upto the courts to interpret what the laws mean. In this case the Supreme Court has already issued an oppinion of burning of the flag. I personally don't agree with it and that's all I have to say about that.
2006-11-10 17:39:25 · answer #3 · answered by ikeman32 6 · 0⤊ 0⤋
1. "Congress shall make no law..." means exactly that. Congress should not be restricting speech.
BUT
2. Is burning a flag a legitimate form of speech? Does not the flag, as a symbol of our country, deserve respect? Can't you express yourself in a different way?
Not an easy issue.
2006-11-10 17:26:09 · answer #4 · answered by C = JD 5 · 0⤊ 0⤋
Go right ahead. If you're looking for a place to do that, I can recommend a biker bar that's mainly patronized by Viet Nam Veterans like me who would love to have you stop by with a flag and a match. You may want to make an advanced appointment with your Proctologist though.
2006-11-10 17:16:50 · answer #5 · answered by ? 5 · 2⤊ 0⤋
If you want to burn the flag then maybe you should just leave the country. You don't deserve the freedom that you are given. I'm interested in seeing just how long you live if you actually attempt this.
2006-11-10 17:25:15 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Unfortunately, yes it does give people the right to burn and desecrate the American flag.
2006-11-11 16:08:11 · answer #7 · answered by SeahawkFan37 5 · 0⤊ 0⤋
It doesn't say a web page is protected either but it is. Flag burning is considered a form of political speech, thus protected.
2006-11-10 17:28:55 · answer #8 · answered by Anonymous · 1⤊ 0⤋
we need a new flag at work, i volunteered to burn ithe old one with a modicum of respect (I'll bad mouth Bush under my breath and say a few good words for the Founders)
2006-11-10 17:32:22 · answer #9 · answered by Ford Prefect 7 · 0⤊ 0⤋
People should not try to hide behind the First Amendment for their dastardly acts.
If they don't like the country, they should simply stop being hypocrites and LEAVE.
Bear in mind that the First Amendment does not immunize a person for the responsibility of his actions practiced thereunder. Hence, certain other laws or codes could apply to that which is harmful to the well-being of others, or to the United States as a whole. For example, there used to be laws such as "sedition" and others that pertained to this.
2006-11-10 17:16:36 · answer #10 · answered by Anonymous · 2⤊ 4⤋