Free Speech vs Flag Burning. Is it protected in the Constitution?

SFC Joseph James — Mon, 04 May 2015 01:44:09 -0400

I hate it that people feel the need to flip the flag upside down or burn it in protest. But, is it protected in the Constitution? If it is, is it wrong to try to suppress that form of speech? Tell me what you think in the comments.

Response by MAJ Bryan Zeski made May 4 at 2015 1:49 AM

MAJ Bryan Zeski — Mon, 04 May 2015 01:49:13 -0400

Short answer? Yes. Flag burning is free speech and is protected by the Constitution. For the rest of my feelings on the matter, I'll just cut-paste a previous reply.

I replied to a similar post earlier, and I try to be efficient, so...

"We don't swear to protect the flag. We don't swear to protect the government. We swear to protect the Constitution. We swear to support and the defend the right of every person to exercise their right to free speech. Protest against the government (including through desecration of the flag) is, without question, the right of the people. At the end of the day, the flag is just cloth, it is a SYMBOL of the freedom we serve to protect and defend. While people may desecrate the cloth flag, they are exercising their rights to free speech - and their right to free speech is what we defend - not a flag. I'm not willing to lay down my life from a flag - I'm willing to lay down my life for the freedoms that the flag symbolizes.

It may not look right or feel right and it may hurt your feelings, but you have to accept that THIS is EXACTLY what we need to be defending the right to do.

Voltaire said something to the affect of, "I may not agree with what you have to say, but I will defend to the death your right to say it." That is our job. That is our mission. And the fact that people CAN do this freely and without being dragged about by the government or arrested by the police means that, for now, we are doing our job.

Response by SPC Charles Brown made May 4 at 2015 1:54 AM

SPC Charles Brown — Mon, 04 May 2015 01:54:23 -0400

Fortunately the 1st amendment to the Constitution has been deemed by the Supreme Court that flag burning is protected as freedom of speech. That being said we all swore an oath to support and defend the Constitution of the United States and that oath never expires. Personally, I don't condone desecration of the flag of our nation but I/we must defend to the death their right to be wrong/stupid, paraphrasing someone from history. Just my opinion.

C.

Response by Capt Private RallyPoint Member made May 4 at 2015 8:03 AM

Capt Private RallyPoint Member — Mon, 04 May 2015 08:03:41 -0400

If free speech is protected only for what I like, free speech is not protected.

Likewise if it is not protected for something that I find totally offensive it is still not protected.

Our oath is to protect the constitution and that includes doing so for everyone.

Response by Sgt Aaron Kennedy, MS made May 4 at 2015 9:02 AM

Sgt Aaron Kennedy, MS — Mon, 04 May 2015 09:02:54 -0400

Texas V Johnson (SCOTUS 1989)

Response by LTC Paul Labrador made May 4 at 2015 6:30 PM

LTC Paul Labrador — Mon, 04 May 2015 18:30:10 -0400

It's not in the Constitution because, IMHO, it was common sense back then that burning the flag was utterly disrespectful. Even enemies tended to want to capture the flag as a trophy than burn it. Flag burning really only became in vogue during Vietnam.

Response by SGT Christopher Churilla made Sep 27 at 2015 6:59 AM

SGT Christopher Churilla — Sun, 27 Sep 2015 06:59:36 -0400

18 U.S. Code § 700 - Desecration of the flag of the United States:

(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.

(2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.

But then we have SCOTUS ruling it is protected speech. Now I'm REALLY confused.

Response by LTC Private RallyPoint Member made Sep 27 at 2015 9:23 AM

LTC Private RallyPoint Member — Sun, 27 Sep 2015 09:23:21 -0400

SFC Joseph James Suppress it? I think that isn't the right word. I would say I think it is wrong. I am ashamed of those who choose to protest this way. I think it marginalizes whatever argument they may have had to begin with. They have the right to do so, but I have the moral conviction to say their behavior is wrong and shameful.

Response by PO2 John Zodun made Jun 17 at 2019 2:35 AM

PO2 John Zodun — Mon, 17 Jun 2019 02:35:18 -0400

You are right but it only protects citizens and most of theLGBTI BOST THAT THEIR NOT AMERICANS SO WHY IN THE HELL DONTWE MAKE THEM HAPPY AND SEND THEM TO LALA LAND