Flag desecration is the act of intentionally destroying, damaging, or mutilating a flag this is usually done in public and often destruction is caused to a national flag the flag destruction is considered as a part of right to free speech under the first amendment to the us constitution. Texas v johnsonthe supreme court rules that burning the american flag is a constitutionally protected form of free speech a constitutional amendment that would have banned flag desecration failed to win the necessary two-thirds vote in the senate, with only 51 senators voting in favor of the amendment and 48 voting in opposition. The flag desecration amendment (1990 through 2005) congress made seven attempts to overrule the us supreme court from 1990 through 2005 by passing a constitutional amendment that would make an exception to the first amendment. The decisions remain controversial to the present day, and congress in 2006 attempted to pass a joint resolution to propose an amendment to the constitution to prohibit flag desecration, which failed by just one vote in the senate. The house quashed the amendment against flag burning, embracing arguments from democratic leaders that the amendment would erode free-speech protection of the bill of rights for the first time in its 199-year history.
Flag desecration is one of the nation's most controversial and polarizing first amendment issues several times during the 20th century, the supreme court handed down decisions on flag desecration, holding it to be protected expression. The flag desecration amendment (often referred to as the flag-burning amendment) is an american proposed law, in the form of constitutional amendment to the bill of rights, that would allow the us congress to prohibit by statute and provide punishment for the physical desecration of the flag of the united states. Flag desecration bill challenges first amendment as your research topic february 10, 2016 / 0 comments / in history , law , qta blog , research paper help / by lorraine savage interesting research paper topics would be to discuss the 2006 bill in congress that would have made flag burning and other desecration against the american flag a crime.
The proposed amendment would read, the congress shall have power to prohibit the physical desecration of the flag of the united states the us house approved a flag-desecration amendment employing this wording in 2005, and the us senate will vote on the measure in 2006. The flag desecration amendment is a solution in search of a problem the expressive act, burning a flag, which this amendment attempts to curtail, is exceedingly rare professor robert justin goldstein documented approximately 45 reported incidents of flag burning in the over 200 years between 1777 when the flag was adopted, and 1989, when. The court concluded that the flag burning was speech and again determined that the flag desecration statute was aimed at the communicative impact of johnson's message the court noted, however, that speech-neutral laws, such as those applicable to public burning generally, might be constitutionally applied against flag burners. The flag desecration amendment reads congress shall have the power to prohibit the physical desecration of the flag of the united states (how a member decides to vote) the power to protect the flag is believed by supporters to have been wrongfully taken from congress by the supreme court in 1989.
Flag desecration amendment 595 likes we propose an amendment intended to give congress the right to enact statutes criminalizing the burning or other. Flag desecration essay examples an overview of the growing controversy of the american flag in the history of united states an introduction to the issue of. An introduction to the flag desecration amendment pages 8 words 503 view full essay more essays like this: the founding fathers, flag desecration amendment, free. Johnson (1989) protecting flag-burning as a form of free speech prompted numerous calls for a constitutional amendment to prohibit flag desecration 7 right to life. The court first found that johnson's burning of the flag was expressive conduct protected by the first amendment the court concluded that the state could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity.
Flag desecration is defined as the act of intentionally destroying, damaging, or mutilating a flag usually done in public and often destruction is caused to a national flag  perhaps the most recognizable (and often most controversial) form of flag desecration that people take part in is flag burning. The first was by white southerners that wanted the confederate flag as the american flag and the second was by businesses that wanted to use the flag for commercial advertising in response to these threats, forty eight states passed laws the u s supreme court's first ruling on flag desecration was in 1907.
- in opposition of an amendment to ban flag desecration in 1876 a constitutional amendment was proposed that would eliminate the senate in 1893, there was an amendment proposed that would get rid of the army and the navy, and another one that would rename the country the united states of the earth. Below is an essay on flag desecration amendment from anti essays, your source for research papers, essays, and term paper examples flag desecration amendment the first amendment of the united states constitution protects the right to freedom of religion and freedom of expression from government interference. The sacred flag and the first amendment introduction the american flag is a rectangular piece of cloth with the colors red, flag desecration: a case study in. Johnson, 48 states had laws banning flag desecration hjres 61 reinstates the american people's power to protect our most important national symbol by granting congress the authority to prohibit physical desecration of the flag.