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Johnson, the Flag Protection Act, and the Flag Desecration Amendment.
I know that my response to your WWW page is long, but although I appreciate your interpretation of the First Amendment and applaud your patriotism, I would like to point out the fact that the proposed flag burning amendment is not ONLY unconstitional but also in direct conflict with the ideals of freedom and historical origin of this country.
Consider these questions: 1) If the Flag of the United States of America is so important that we must protect it from physical desecration, why has it gone through so many changes?
Flag Desecration Synthesis Essay - Term Paper
Sam Johnson, (R-Dallas), said "A computer simulated version of a flag burning, although it is just as deplorable, cannot be treated the same as the act of desecrating an actual flag," he said.
Argument 3: In response to slippery-slope arguments about the potential criminal nature of sun-faded flag bumper stickers and sweaty flag bandannas, many of the amendment's supporters have stated that the laws would not cover any non-desecratory acts.
Read this essay on Flag Desecration Synthesis Essay
First, the amendment merely states "Congress and the States shall have power to prohibit the physical desecration of the flag of the United States." There is no provision in that statement to prohibit any State from enacting laws against cutting cakes shaped like the U.S.The amendment is in response to Supreme Court rulings in 1989 and 1990 that struck downfederal and state statutes prohibiting flag desecration, holding that those laws infringed onthe right to free speech and expression under the First Amendment.
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Essay Example - The Issue of Flag Desecration - Studybay
Even given the monstrosity of flag-burning according to people like you and me who love this country, Old Glory, and all the ideals they represent, we must by definition grant that the burning of the flag is an expression.
Desecration of the American Flag Essay - 550 Words
Labeling the decision "a powerful rebuke to the people's representatives" who enacted the state law in 1989, Judge Kevin Yeary said Johnson had failed to demonstrate that his conduct was protected by the First Amendment. Judge Lawrence Meyers echoed that, insisting Johnson was "not attempting to make any type of statement" in tossing down the flag, "so his conduct is not protected."
FREE Desecration of the American Flag Essay
"We best honor the flag by upholding the federal constitutional provisions that disallow any statute seeking to broadly criminalize its damage or desecration," she wrote. "It is precisely because the flag serves as a symbol for everything that is good about the United States - the right to the free exercise of religion, freedom of speech and the right to peaceably assemble - that the government may not enact a law that is so broad that it stifles freedom of expression by threatening criminal punishment for the flag's damage or destruction."
Desecration of the flag synthesis essay
In overturning the 1989 law on Wednesday, the majority opinion written by Presiding Judge Sharon Keller dismissed the state's assertion that because Johnson's act was "random in nature" that there was no element of free speech involved. "The act of throwing down a flag in anger could easily be protected expression," the court stated.
FREE Essay on The Issue of Flag Desecration - Direct …
In 1989, the U.S. Supreme Court - ruling for the first time on the flag-burning issue - declared Texas' law unconstitutional, just as the Texas Court of Criminal Appeals had decided earlier. That same year, the Texas Legislature tweaked the old law to remove the provision that someone must be offended, with the idea that new wording would withstand future court challenges.
A statute that criminalizes the desecration of the American flag ..
Congress approved the first flag desecration law in 1968, after a high-profile flag burning in New York City's Central Park during a Vietnam War protest.
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