The United States Supreme Court case of U.S. v. Eichman nullified a federal law against flag desecration. Flag desecration isn't just burning, but any ill treatment performed on a flag; burning, cutting/ripping , stepping on it, spitting on it, stoning it, shooting it, etc. The court found that to have a law against flag burning would be 'inconsistent' with the First Amendment that protects the group's (in this case, the United States of America) freedom of speech.
The case of Texas v. Johnson was another Supreme Court case that took place only a year before U.S. v. Eichman. This case argued that ruining the flag contains symbolic meaning making it a form of protest. Not only is there no government interest in protecting the U.S. flag, but the First Amendment protects the expression of an idea no matter how much society may disapprove of it (There are limits, just not in this case). This case invalidated the flag desecration law on the grounds of Texas.
Flag desecration is protected under the First Amendment and will not be restricted in any case. The act doesn't hurt anyone if it is or isn't allowed. The First Amendment is what made us feel completely free in the beginning. It's what made others travel to the United States. We left England because we had no freedom there, so what will we do if our country starts restricting our freedom rights? Removing this freedom would be the first step towards hurting our country. I sure wouldn't want the government tampering with my rights.
Sources:
"United States v. Eichman." Wikipedia. Wikimedia Foundation, n.d. Web. 17 Dec. 2014.
"Texas v. Johnson." Wikipedia. Wikimedia Foundation, n.d. Web. 17 Dec. 2014.
No comments:
Post a Comment