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As long as it is not violent, safety precautions are taken, and it takes place in a legal protest, I believe that my constitutional right to a peaceful protest allows me to burn the American flag. Why then are so many people trying to outlaw a form of peaceful protest, however disrespectful many people may or may not believe it is?

2006-12-24 12:41:59 · 28 answers · asked by number_nine08 1 in Politics & Government Law & Ethics

28 answers

Some people seem to be confusing burning the flag with hatred of the United States.

Under the Bill of Rights - no form of expression is banned, Period.

With the potential unstated caveat that no violence is involved.

I have spent decades studying issues like this, and there is absolutely no element of the US Constitution that restricts peaceful gatherings, and/or limit how one expresses oneself.

My summary - I will die for your right to say whatever you want. And I reserve my right to think you're a complete idiot.

So flag burners, fine, Nazis - not so pleased, my summary still applies... KKK - yup say what you will... still die for your right to say it... still think you're idiots...

We cannot constrain speech - to do so goes against everything our nation, our democracy, stands for...

We are all given the right to offend one another... its a privilege, and a right to say or otherwise express ourselves... and if someone is offended, they can change the channel, or say something contrary..

We're all Americans - and we should always be free...

-dh

2006-12-24 12:52:07 · answer #1 · answered by delicateharmony 5 · 7 1

Protests and demonstrations are American approaches. workout consultation ones acceptable the vote could be considered as a variety of protest besides as a civic accountability. Flag burning the line it relatively is crossed whilst somebody desires to be considered as anti-patriotic. Anti-patriotism is a stance that takes a individual from being probable valid to an extremist. interior the placed up 911 era titles like extremist, dissident, nonconformist and anarchist are linked with the main unfavorable identify of our time; terrorist. Flag burning is line that crossed that turns from voters workout consultation constitutional rights right into a perceived possibility against national protection.

2016-10-05 23:51:57 · answer #2 · answered by ? 4 · 0 0

Under present law, burning a flag is not unconstitutional. However, as has been pointed out in the arguments over the proposed Anti-Desecration Amendment, nobody does it anymore. "If one were to burn a flag today, the act would convey a message of freedom that ours is a society that is strong enough to tolerate such acts by those whom we despise," Supreme Court Justice John Paul Stevens has said. "Today, one could not burn a flag without reminding every observer that we cherish our freedom."
Another more serious question is whether enacting protection for the flag would start the US down a slippery slope of intolerance of other forms of protest, leading to erosion of liberties and a more totalitarian state. After all, one of the distinctions between our country and Iran or North Korea is that we can engage in protests such as burning the flag without official sanction.

2006-12-24 13:08:27 · answer #3 · answered by geo1944 4 · 2 1

The parts of your "peaceful protest" which the First Amendment protects are your right to gather together with others of like mind and to give speeches and/or hand out fliers to other people. The First Amendment protects freedom of assembly and freedom of speech/press -- the meaning of the latter is the right to communicate with words or pictures.

Burning things -- flags, crosses, someone "in effigy" -- is not the same thing as giving a speech or handing out a piece of paper with words/pictures on it. Burning something is, by definition, a physically destructive act. Words create and they convey meaning; fire destroys.

To say that there is a political purpose to why someone would burn a flag is obvious, but it also raises the level of generality at which we identify a constitutional right. And just what is the "upper limit" on the ability to raise this level of generality? How many different BEHAVIORS which are not addressed by the language and historically-understood meaning of the First Amendment are going to be thought of as being "a form of speech" ?

Do I have a constitutional right to urinate on Pres. Bush's shoes to show him how displeased I am with his performance as President?

2006-12-24 13:04:06 · answer #4 · answered by Anonymous · 0 2

Dude.. some things are "symbols" which means that people place a huge value on them, even if they are just a piece of colored cloth..

A flag is a very powerful symbol of nationalistic pride.. and personally if you burnt my flag.. I would take that as an act of war against me and my people..

There is no way to peacefully burn a flag.. because that piece of colored cloth lives inside peoples hearts.. when you burn it.. you burn people's hearts.. and they will react violently against you.. as they should..

if you believe you have the right to burn the flag.. then surely you wont mind it if protestors burn your car in retaliation.. as their form of protest.. after all when you burn the flag.. you burn not only one car you are burning th whole country.. and all the people in it.. so surly you wouldnt have a problem with people buring your car in real life..

2006-12-24 13:13:56 · answer #5 · answered by Anonymous · 1 1

It might be your constitutional right but it shows a LACK OF RESPECT for this country, and for the people that gave their lives for it, and I am not just talking about the Military. I am also talking about our fore-fathers that came and established this country.
Besides I figure if someone is that dissatisfied with America then they can leave and go to some other country and burn their flag and see what happens.

2006-12-24 13:21:23 · answer #6 · answered by trollwzrd 3 · 0 1

Flag Desecration Amendment


The Flag Desecration Amendment, often referred to as the flag burning amendment, is a controversial proposed constitutional amendment to the United States Constitution that would allow the United States Congress to statutorily proscribe the physical desecration of the flag of the United States. The concept of flag desecration continues to provoke a heated debate over protecting a national symbol and protecting free speech.

While the proposed amendment is most frequently referred to colloquially in terms of flag burning, the language would permit the prohibition of all forms of flag desecration, which may take forms other than burning, such as uses for clothing or napkins.

The most recent attempt to adopt a flag desecration amendment failed in the United States Senate by one vote on June 27, 2006.


http://en.wikipedia.org/wiki/Flag_Burning_Amendment

Maybe we'll get lucky and you'll set yourself alite...

2006-12-24 12:46:48 · answer #7 · answered by Anonymous · 3 2

the Flag,the US Flag stands for an Idea.You do have the free will to
live with this Idea or if you choose so, you can move on and choose
somebody else's Idea.Like moving to Cuba or Iran or a deserted
Island where your Idea is yours alone.Where you can make up your
own flag and burn it if you so desire.
But pissing on my Idea in the name of a protest,because you are a
spoiled little runt,that never worked hard in his life and is nothing but
a brain sucking leech.
By burning the Flag you made no statement.How can you make a
statement when you are young, have no life experiance,somebody
always gave you food and shelter.so you are a leech.Using up
Earth's recources.

2006-12-24 13:16:14 · answer #8 · answered by Anonymous · 0 1

Flag burning as a form of protest is protected speech. The act of burning a flag may violate local city ordiances of openly burning materials.

2006-12-24 12:45:03 · answer #9 · answered by InTROLLigent 3 · 6 1

I think some people would see it as treasonous...it is a symbol of our country and as such should be afforded a certain amount of respect. I find it difficult to understand the necessity of burning a flag in order to make a point, it just seems like grandstanding to me, a ploy for attention that the protest might not get otherwise.

2006-12-24 12:46:29 · answer #10 · answered by Laurie K 5 · 4 2

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