Posted on May 5, 2016
Do you agree that the first amendment protects the right to desecrate the American flag?
20.1K
172
71
24
24
0
Responses: 45
Sad to say that as angry as I am to see it, this is a right guaranteed by the first amendment. That's the legal part. The cultural reaction is that disrespecting my nations flag will result in my infliction of serious damage to the guilty sob that does it.
(2)
(0)
OK here we go. That flag represents us all, black, white, red, male, female or in between. It has seen the good and the bad we have endured but it still does what it has done since it first flew over the amber waves of grain. It inspires us to be better, to carry through with the task before us. What is he first nation to show up when disaster strikes in any part of the world to offer help? Yup, it's us and that flag is right there with us. My four MITT brothers who lost their lives in Iraq went home wrapped in flags. So it means a lot to me. I hate to see it used for political speech but that is the part of freedom we have to accept. I think that when anyone destroys or disrespects the flag they feel bad about it. You may not show it, but you are not really proud as an American to destroy that which has inspired many millions of Americans and millions of others across this planet.
(2)
(0)
I don't like it, and it's not a matter of agreement or disagreement as the issue is settled legally, but yes the right is and should be protected. I understand why people here seem vocal stating that it should be verboten, but consider that once you start putting restrictions on speech you might not like where that path leads you later on down the road.
(2)
(0)
Sgt Joe LaBranche I agree it protects them,but i do not like it.
How can there be such be so much controversy over the 2nd amendment and this go almost unchallenged?
How can there be such be so much controversy over the 2nd amendment and this go almost unchallenged?
(2)
(0)
SSgt Terry P.
2nd Amendment --"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."--This looks pretty clear to me.
1st Amendment ---"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."---This looks open to interpretation .
1st Amendment ---"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."---This looks open to interpretation .
(1)
(0)
The flag is only a symbol
Never worship an idol
If it's your flag then do what you want
But you'll die if you come on to my property to defile my flag .
After all, it's my symbol
Never worship an idol
If it's your flag then do what you want
But you'll die if you come on to my property to defile my flag .
After all, it's my symbol
(1)
(0)
You are missing the point here Joe. It doesn't matter if you agree or disagree. That's why we have the first Amendment! It protects my right to free expression, and yours. Free speech is just that -a right to agree or disagree. Flag burning pisses me off. Knelling for the anthem pisses lots of people off --but the 1st Amendment guarantees those freedoms and ensures those people's rights just like mine.
The answer to your question is absolutely yes -the Supreme Court has resoundingly said so - burning the flag is protected political speech. But my point is that it's perfectly fine to say it's wrong and disagree. Just recognize their right to do that as well.
The answer to your question is absolutely yes -the Supreme Court has resoundingly said so - burning the flag is protected political speech. But my point is that it's perfectly fine to say it's wrong and disagree. Just recognize their right to do that as well.
(1)
(0)
There is only one legal rule regarding the burning of the U.S. flag, 4 U.S. Code § 8 - Respect for flag, specifically section(k):
"The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning."
Our local scouts collect flags all the time to perform this duty. I suspect most people just throw old flags away.
There is a law that was passed, 18 U.S. Code § 700 - Desecration of the flag of the United States. section (d) of this law effectively gives SCOTUS jurisdiction over this law, as many others have stated.
(1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a).
(2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.
As a rule, burning of the flag under other circumstances from what is stated in 4 U.S. Code § 8, can be considered as "symbolic expression", which is legal, according to SCOTUS.
See http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does for more information.
For the U.S. flag code, see
https://www.law.cornell.edu/uscode/text/4/8
"The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning."
Our local scouts collect flags all the time to perform this duty. I suspect most people just throw old flags away.
There is a law that was passed, 18 U.S. Code § 700 - Desecration of the flag of the United States. section (d) of this law effectively gives SCOTUS jurisdiction over this law, as many others have stated.
(1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a).
(2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.
As a rule, burning of the flag under other circumstances from what is stated in 4 U.S. Code § 8, can be considered as "symbolic expression", which is legal, according to SCOTUS.
See http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does for more information.
For the U.S. flag code, see
https://www.law.cornell.edu/uscode/text/4/8
Among other cherished values, the First Amendment protects freedom of speech. Learn about what this means.
(1)
(0)
Read This Next


Constitution
Politics
Morals
Freedom
