Say the flint city council in cahoots with gm during a strike passes a law against desecration of the gm logo tangential i don't think so because here's what's going to happen if you get your amendment passed: you will see a spate of protest flag burnings in this country like you haven't seen before,. In a trial for flag burning, was there sufficient evidence in the record to show that street was not convicted for constitutionally protected speech when the at trial, street moved to dismiss the information on the grounds that street engaged in a constitutionally protected act because the flag burning was a form of protest. In 1968, congress reacted to the numerous public flag burnings in protest of the flag desecration this report is divided into two parts the first gives a brief history of the flag protection issue, from the enactment of the flag protection act in it was against this background, that the supreme court took the johnson case. A compelling argument against flag burning is that it is disrespectful to the women and men who have served the country this is because, for protests have been forming all over the country and the world, with people taking a stand against united states president-elect donald trump peaceful protests. Most states have laws against flag burning but texas v johnson (a 1989 supreme court decision) ruled that those laws are unconstitutional now, the states haven't taken them off the books, so i guess it's still illegal after the johnson decision, congress passed the flag protection act of 1989, which was also overturned.
Burning the american flag has always been one of the most shocking and controversial means of protest, from hippies in the 1960s to today, with an hillary clinton actually co-sponsored the 2005 version of the legislation as a new york senator, though she voted against the final version of the bill clinton. Then a 1931 case set the first precedent for the use of a flag in an act of symbolic speech under the first amendment, when the court struck down a california law that banned the flying of a red flag to protest against the government in 1968, congress approved the federal flag desecration law after a. Law quarterly volume 1972 spring, 1972 number 2 flag desecration statutes: history and analysis albert m rosenblatt since the 1972:193 contempt for the flag, or protest against american institutions, de- shall be presumptive evidence that the same is in violation of this section.
Weak minded liberals might argue that burning the flag is a form of free speech, but this is so much nonsense britain has no need of laws against flag burning for the same reason, burning the flag in act of protest is actually more patriotic to the ideals of our founding fathers than it is in disrespect for any institution. Flag desecration is a term applied to the desecration of flags or violation of flag protocol, a various set of acts that intentionally destroy, damage, or mutilate a flag in public often, in case of a national flag, such action is intended to make a political point against a country or its policies some countries have laws forbidding.
Trump's call to punish flag-burning proposal goes against constitutional law i think it's crucial to our politics and our democracy that we respect even protests that really get on our nerves or that really we find deeply offensive simon: but are carter: (laughter) now, this is a very interesting case. Brennan, j, opinion of the court justice brennan delivered the opinion of the court after publicly burning an american flag as a means of political protest, gregory lee johnson was convicted of desecrating a flag in violation of texas law this case presents the question whether his conviction is consistent with the.
The texas case arose when gregory lee johnson burned a flag in a protest outside the city hall building in dallas during the 1984 republican national convention there police arrested johnson and convicted him of breaking a texas state law that essentially prohibited desecration of the flag of the united states. The supreme court declared on june 11, 1990, that laws against desecrating the flag are unconstitutional yet, he continued, that was precisely the reason why the court, in the case texas v protesters responded quickly by burning flags, in an attempt to get the issue back to the supreme court almost. A new york times/cbs news poll in may found that 83 percent of the respondents believed flag burning should be against the law — and 59 percent of those us district judge june l green, of the district of columbia, issued a similar ruling march 5 in the case of three protesters who burned a flag on the steps of the.
Those who uphold laws against flag desecration typically speak of the important values that the flag symbolizes they claim that the free speech argument against flag desecration laws in any case, people who burn flags do so deliberately in order to send a public message of protest the first. At the end of the protest, johnson poured kerosene on an american flag a demonstrator had stolen from a nearby flagpole and burned it, chanting phrases like “red, white and blue, we spit on you, you stand for plunder, you will go under ” he later told c-span that the act was designed to rebel against the. President-elect donald trump might not be a fan of burning the american flag, but neither he nor congress can criminalize it, the supreme court has ruled twice.