2007-03-07 10:19:57 · 31 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Hi Sierra T...even assuming Congress could readily do so, they won't because it has actually been determined by our Courts that such an act in itself is "protected speech" under the First Amendment.
Though it is not "speech" in the literal sense, the First Amendment encompasses not just the speaking of words, but also the manner of expression, the place of expression and also such things called "symbolic speech." In fact, we attorneys have described the First Amendment as being designed to permit and encourage the "free flow of 'ideas.'"
Flag burning, as awful as it is, is considered "symbolic speech." If it is done without intent to threaten it is in fact permissible speech in most contexts. In contrast, if it is done to threaten such as igniting the flag in another's home with intent to frighten or cause a fire, that of course is not "protected speech."
So, instead of actually amending the Constitution to prohibit such an act of "speech", the Constitution has been found to protect this type of action. Believe it or not, that is part of the greatness of our country in allowing even unpatriotic speech like this though you and I don't approve of it. Maybe one day it will change but Constitutional Law is fairly well-established on this particular point.
2007-03-07 11:06:13 · answer #1 · answered by VegasistheBest 2 · 1⤊ 0⤋
No, no, no.
Our Contitution is a perfect document. It is also a document always in change. This is the law of the land, one which details our freedoms and rights, government, religion freedom, voting rights.... real and serious life-issued.
Amending the Constitution is a serious matter and not to be done lightly. Only the most important issued should even be considered.
Burning the flag is not an important issue. It has been used as a form of protest since the union was formed. It has nothing to do with patriotism, life, liberty or the pursuit of happiness, nothing to do with any serious, life altering matter.
Read the Constitution carefully and see what it says, what it protects.....then you decide if burning a piece of cloth which is ONLY a symbol needs to be mentioned in those glorious words.
2007-03-07 10:27:37 · answer #2 · answered by Anonymous · 2⤊ 1⤋
NO NO NO!!! The amendments to the United States Constitution were designed to protect the people from the government, not to give the government more power over the people!
2007-03-07 11:02:26 · answer #3 · answered by djkinsaul1 3 · 1⤊ 0⤋
What the point of even having a free Country if we are going to limit expression to things that make us feel good or are just pro Govt? I don't think people burn the flag against the Constitution, but against current policy anyway. I just hope they don't do it around me because I might get in a tad of trouble for my reaction, but my personal feels have nothing to do with what should be Constitutional law.
2007-03-07 10:22:50 · answer #4 · answered by Correctlinguistics 2 · 3⤊ 0⤋
While I personally abhore this act, it is a free country, and only so because we haven't overly amended our Constitution. Making the Constitution "PC" would be the greatest injustice we could ever do.
PS. While ya'll have the right to burn my flag, I reserve the right to douse both you and that flag with icewater if I see it happening.
Hey, somebody turn on that fire hose and make sure it's on high.
2007-03-07 10:35:58 · answer #5 · answered by Anonymous · 2⤊ 0⤋
No. It goes against the freedoms the United States stands for and is basically saying that people are free to stand against and slander everything but what they are in, which is taking on a communist edge. The only time the freedoms of the people is supposed to be suppressed is when there is a "clear and present danger" like in the world wars. We aren't even in a serious war so it would be wrong to add that amendment.
2007-03-07 10:28:21 · answer #6 · answered by Bubblgum 2 · 2⤊ 1⤋
Absolutely. If its an accident you shouldnt get in trouble but if your in a mob burning a flag or in public burning the flag I couldnt even imagine how that should be allowed. Technically the constitution probbaly allows for the freedom of individuals to do this, show you just how free our country is and yet people STILL compare us the Hitler and the germans.
2007-03-07 10:34:40 · answer #7 · answered by Anonymous · 1⤊ 2⤋
No! A flag is a just a flag. Patriotism rests within the people of a country not within a piece of fabric. Besides, criminalizing flag burning would be kind of hypocritical, don't you think?
2007-03-07 10:29:09 · answer #8 · answered by KND 5 · 2⤊ 1⤋
As much as I dispise flag burners, the act should remain legal. It is a form of expression and to ban it would be a precursor to all sorts of civil rights violations.
What should be changed in the Constitution?
The Anchor Baby Law.
Just because sone one is born on American Soil, they should not automatically become citizens.
A childs parent should be citizens first, before it becomes a birth-right.
I'm only talikng about children of illegal immigrants.
2007-03-07 10:25:14 · answer #9 · answered by Anonymous · 4⤊ 0⤋
Absolutely. The stars and stripes stand for every living service person who shed blood for our nation. It's a pure and simple slap in the face to every service person active and non active. We are day by day bowing to perpetrators "feelings" in this county, schools, government and free giveaways etc. The folks who landed on Ellis Island landed here to pull up their bootstraps and make a proud life for themselves as an English speaking American Nation. No person of that time was a bottom sucking liberal screamer. I don't give a damn what anybody else thinks. I worked for 40 years. Why on Gods green earth should I "give away" my social security benefits to some lazy SOB who gets here, irresponsibly knocks out kids and receives even more social benefits.
2007-03-07 11:18:27 · answer #10 · answered by Country Boy 7 · 0⤊ 1⤋