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Flag-Desecration As Free Speech Position Paper FLAG-desecration 1 Flag-Desecration as Free Speech Comment [Dr. C1]: Rough example of what your paper Position Paper - APA Style should look like. This is not an A paper, but it will give you a good idea of what you need to do. ENG102 Online By Janice Rogers Glendale Community College FLAG-desecration 2 Flag-Desecration as Free Speech I feel that desecration of the American flag during political protest should be considered expressive speech, and therefore protected by the First Amendment. First of all, in the midst of peaceful political protest, flag desecration alone does not physically harm anyone. It is also a very effective attention-getter. Second, the opposite of flag-burning could be considered flag-waving and thus it could be argued that if flag desecration were outlawed, then actions such as flag-waving must also be outlawed so that the flag-protection law is not content-based. Along that same line, Congress would eventually be asked to again look at actions such as book-burning and cross-burning and pushed to take similar action against those offenses, as well. Third, if one is in possession of an American flag, which is owned by the bearer, then that flag is his/her private property, and we are protected to do as we want with our own property. Fourth, and most importantly, one of the most basic principles our country was built on was that of limited government and personal freedom. Every time a constitutional amendment is created that outlaws our actions, a little bit of that freedom is taken away from us and more power is given to the government. The first reason that flag desecration should be protected by the Bill of Rights as expressive speech is that although many may consider the act of spitting on, defecation on, or burning the American flag, it is still just a peaceful act of protest that does not directly cause harm to others or result in physical violence. In a landmark Supreme Court case, Texas v. Johnson, this concept was upheld and existing state laws regarding flag-burning were ruled unconstitutional. The Court confirmed that Johnson’s actions of burning the American Flag during a political protest were “’sufficiently imbued with elements of communication’ to be protected by the Free Speech Clause of the First Amendment” (Miller, 1997, p. 77). The Court determined that Johnson’s acts were neither a breach of peace nor hate Comment [Dr. C2]: APA style notations speech, and that punishing Johnson for an act that had the potential to become a breach of peace was FLAG-desecration 3 unlawful. The Court also determined that an underlying principle of the First Amendment was “that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable “ (Miller, 1997, p. 77). Secondly, if flag-burning was to be outlawed, then counter actions such as flag-waving should also be banned. To outlaw flag-burning would be to say that the action is not simply expressive speech, and therefore not a protected act. Logically, such expressive conduct must also include the act of flag- waving, and both should be regulated the same, because to outlaw one act and not the other (or to allow one act and not the other) means that the Court is biased. As journalist Austin Cline suggests, if you do not agree with someone’s speech, the best defense is more speech. (n.d.). Therefore, instead of punishing those who oppose your opinion, perhaps waving your flag proudly is the best rebuttal. According to Economist journal, the Citizens Flag Alliance reported only four incidents of flag burning in one year. (2006). Compare that to the number of American flags flying about on an average drive around town and you won’t be surprised to see that the number of patriots vastly outlaws the number of “terrorists,” as they are sometimes labeled. Imagine if flag-flying were banned on the grounds of considering flag-waving and flag-burning comparable types of expressive conduct that could be regulated by the US government. I don’t think anyone would be happy if they weren’t allowed to fly a flag from their eaves on July Fourth. FLAG-desecration 4 References Cline, A. (n.d.) "Expression vs. Speech, Flag Burning vs. Flag Waving." About.com guide. About.com: Agnosticism / Atheism. Web. 10 July 2010. <http://atheism.about.com/od/flagburningdesecration/a/ExpressionRight.htm>. Economist. (2006). Wrapping themselves up in Old Glory. 380 (8484), 26. Retrieved from Religion and Philosophy database. 24 July 2010. <http://search.ebscohost.com/login.aspx?direct=true&db=rlh&AN=21449411&site=eho st-live&scope=site.> Miller, J.A. (1997). Texas v. Johnson: The flag-burning Case. Springfield, NJ: Enslow Publishers, Inc. .
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