Burning The American Flag In Protest Is Not Unconstitutional Because (2023)

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Burning The American Flag In Protest Is Not Unconstitutional Because? ›

Facts and case summary for Texas v. Johnson, 491 U.S. 397 (1989). Flag burning constitutes symbolic speech

Johnson, 491 U.S. 397 (1989) Flag burning constitutes symbolic speech that is protected by the First Amendment.

-Supreme Court ruled the burning of the American Flag was a form of symbolic speech protected by the first amendment.

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.

No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing.

The U.S. Flag Code was first published in 1923 — nearly two decades before it was adopted by Congress in 1942. Although the Supreme Court reversed the act of flag-protection laws as a violation of free speech in 1989, the Flag Code continues to be followed by many as an act of tradition, rather than a law.

It can also be symbolic acts. These are protected even if provocative. The First Amendment, by design, sets a high bar for when speech can be required or limited by the government. In short, flag burning and flag desecration are protected free speech under the First Amendment.

Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment.

Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail! More than one-third of adults agree: 36% would support stripping US citizenship from Americans that burn or desecrate the flag.

The Flag Code states that the flag should not touch anything beneath it, including the ground. This is stated to indicate that care should be exercised in the handling of the flag, to protect it from becoming soiled or damaged. You are not required to destroy the flag when this happens.

Is the burning of the flag protected as a form of quizlet? ›

The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech.

U.S. Supreme Court Justice William Brennan said this in the landmark 1989 flag-burning court case Texas v. Johnson, which held that burning the American flag was protected by the First Amendment because it was expressive conduct. This Supreme Court decision permanently altered flag-burning laws.