Burning The American Flag Research Paper

The burning of the American flag is one of the biggest controversies that has been going on for years, whether it's an act of defiance and rebellion or if it's your right as freedom of speech. There has been multiple events where the act of burning of the flag has been involved and riots and violent outbursts followed soon after. In 1989 there was a case which ruled it as apart of the first amendment, granting it as your freedom of speech. This lead half of America in an uproar because they believed the burning of the American flag is disrespectful to everyone who has fought for the freedom that they have today. Their argument is that it may be your freedom of speech, but people died to give you that freedom. According to the Texas v. Johnson supreme court case, the burning of the American Flag is apart of the first amendment. As of 1989 it is a statue that claims burning of the flag is a symbolic speech. Justice William Brennan ruled …show more content…
Johnson called United States v. Eichman. This case took place a year after Texas v. Johnson. In 1989 Congress passed an act called the Flag Protection Act of 1989, which criminalized anyone who intentionally defaces, burns, rips, knowingly leaves on the floor or ground, or runs over the flag, unless it is being disposed off in a formal way because of getting unintentionally ruined. There were a few court cases after this act was passed that regarding the Flag Protection Act unconstitutional because of completely disregarding the First Amendment. The judges also looked back to Texas v. Johnson precedent on how their cases should proceed, because of this each cases charges were dismissed and the Act was declared unconstitutional (United States v, Cornell University). This was the second case regarding how the courts interpret burning of the American Flag and in both cases they ruled that under the first amendment it was your freedom of speech, and that no criminal actions could be