can you give me some reasons why you believe that burning the america flag in protest should be legal?

Answer 1

Ana, this is a very dear subject to me.

The US flag is defined as "The living embodiment of the Constitution."

The seven red stripes are that color in representation of the blood my brothers have given to protect it and the US Constitution, our nation, our rights, and our freedoms.

I am sworn to protect the Constitution (and hence it's living embodiment) from all threats, foreign and domestic. I have risked life and limb overseas to protect her. I have lost brothers (in arms) in that endeavor. If you burn her, you are burning the blood of my brothers.

Would you be surprised then if my own blood boils at thought that someone considers it their right to burn my brothers blood and that which I am sworn to protect?

And allow me one final thought. Lighting anything aflame is not speech. It is action. It is no more protected than setting a theater on fire. There is nowhere in the US Constitution where it says one has a right to actions. Those actions that are protected are defined.

From that, you will understand what my defense will be if I should ever be prosecuted for being in the presence of someone trying to light the 'living embodiment of the Constitution' on fire.

To understand more of my thoughts or more particularly to see how this combat veteran who has been to both fronts in the war on terror thinks about the war, see my blog:
http://blog.360.yahoo.com/blog-DfkctJU7dK5B7LcNROoyVQ--;_ylt=AiNXZokI1G6zowgYXNnJS9m0AOJ3?cq=1

No politics. Just the pure unadulterated ground truth backed up by independent research.

Answer 2

OK. Let's analyze this.

There are two parts to the flag. The physical components (cloth and ink) and the symbolic aspects.

Nobody really objects to burning the cloth and ink. I mean, if I had a piece of white cloth with pretty red and blue tiedie swirls on it (same physical materials) and tried to burn that, nobody is going to get upset. So, it's not the physical material that people care about -- except where any burning of anything is illegal because of wildfire concerns.

So, the issue is the symbolic nature of the item. But all communication is symbolic. Whether we're using words, or pictures, or logos, or flags -- everything is a symbol that represents something.

Now, if you proudly display the flag, you are using that symbol to express one type of message. If you burn the flag, you are using the same symbol, in the same context, to express a different message.

The only difference between the two actions -- burning versus displaying -- is the content of the message. Both are using the same symbol, and both are discussing the same topic.

It's like the difference between saying "America is great" and "America is horrible". Again, we're using symbols (words) to express an opinion.

Now, if we made it illegal to say "America is horrible" but legal to say "America is great" -- that's called viewpoint discrimination. It's saying that you can only express your opinion on a topic if we agree with that opinion.

It's exactly the same with the flag. Making it legal to display the flag, but not to burn it in protest, says that you can only express your opinion using that symbol if we agree with that opinion.

That's the absolute worst kind of censorship, and the form that is most strongly protected under the 1st Amendment. As soon as the government can dictate what opinions we can express on a subject, we've crossed the line irreversibly from a democracy to a facist dictatorship.

I may not agree with someone's opinion, but I will defend to the death their right to express it. If we made it illegal to express opinions we don't like, we would be betraying everything this country stands for -- and everything the flag stands for. That's why we need to always allow any opinion to be expressed, whether we like it or not.

Because the alternative is to betray the principles that this country was founded on -- which makes the flag worthless.

Answer 3

All the "free speech" stuff that's already been mentioned, of course. Also? Even if it's legal, it's not likely to be easily tolerated. Someone who burns the American flag may not go to jail for it (wasting government resources on trial, jail time, etc.) but just watch how the other people in his community treat him, and you won't be worried that he's not going to suffer any consequences.

Answer 4

I am glad you know that the proper retirement of a flag that has served its duty is by a respectfull burning ceremony.

We allow the burning the flag which to many including me is a painfull thing to prove the greater point about the First Admendment, our sense of tolerance, and the simple belief in private protest.

We do not allow it because it is enjoyable because it is the opposite rather we allow it to prove we are the land of the free where in so many authoritarian societies it would be criminal.

Answer 5

1) political speech is given particularly strong protection from the constitution.
2) burning a flag in protest is certainly political speech.
3) burning a flag is protected speech.

OR

1) we should outlaw things only if they do harm to someone else.
2) burning a flag is no more harmful to someone else than burning a pizza box
3) making special laws against flag burning are really unnecessary.

Answer 6

Uhm...a document called the US Constitution and the First Amendment. If money is free speech as our Supreme Court has ruled, then certainly political expression is protected speech. It's like the old saying: "I may disagree with what you are saying, but will fight till death to protect your right to say it."

Answer 7

Because distasteful speech is an unfortunate consequence of Free Speech, but it still beats the alternative.

Answer 8

It is symbolic to burning America, and all that have fought and sacrificed to create and protect it.

Answer 9

It is an expression of ideas, You may not agree with those ideas, I may not agree with those ideas, but If America is truly the land of the free people have to be able to express themselves as long as they are not harming another person, otherwise we are hypocrites.

Answer 10

First Amendment.