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Politics : Politics for Pros- moderated
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To: unclewest who wrote (119169)6/10/2005 12:18:44 PM
From: Bridge Player   of 793845
 
Re: desecrating the flag.
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FREEDOM OF SPEECH -IS FLAG BURNING FREEDOM OF SPEECH?
by Levi Anthony

TEXAS V. JOHNSON

During the Republican National Convention in Texas in 1984, Gregory Lee Johnson burnt an American flag outside the convention hall to protest the policies of the government. Under Texas law, desecration of the flag is a criminal offence. Johnson was arrested and sent to prison for destroying a sacred symbol. His case eventually reached the Supreme Court.

Question: Is flag-Burning a form of free speech?

USSC Ruling :

1. In a 5-4 decision the Supreme Court found that desecrating the flag was an act of expression and,as such, protected by the First Amendment.

2. The Court found that burning the American flag was a form of political speech. Justice Brennan wrote

“...is the bedrock principle underlying the First Amendment. Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

3. In other words, burning the flag is legal and is protected by the Constitution.

4. The decision of the Court outraged millions of Americans who see the flag as a sacred symbol and as such the government has a right to protect it.
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I totally agree with you, uw, Justice Brennan, and the 5-4 decision. IMO those who are promoting an anti-flag-burning amendment, while of good intentions, are misguided.
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