Under the 1st Amendment to the US Constitution, free speech is guaranteed to all citizens during peacetime. Some people burn American flags to protest the American government, and Gregory Lee Johnson was even arrested for violating a (now-repealed) anti-flag-burning law in Texas. Since then, the Supreme Court has protected flag burning as a form of free speech.

Shortly after Texas v. Gregory Lee Johnson, a large movement was formed to pass an amendment banning flag-burning. However, the amendment has yet to gain the two-thirds vote in Congress necessary to submit the amendment to the states.

So the question is: Should flag burning be constitutional? Why or why not?

On one hand, free speech is a fundamental right. People must be allowed to criticize the government so that tyranny cannot occur. On the other hand, burning the flag is simply disrespectful to America. Men and women have fought and died for the values that the flag stands for.

People should be able to do things that doesn't cause any physical harm as long as they don't violate anyone else's rights.

They let us burn religious scriptures, I think we should be able to burn the flag too. There's nothing to be gained by censorship. Besides, if someone I know is the kind of person to burn the flag, I'd rather them be able to do it so I can know who they are.

The act just reflects negatively on the person who does it, and doesn't influence anyone else unless they choose to be influenced.

It's a cloth with colors. This is the reason I'm not proud to be human.

It was chosen to symbolize a nation of people. It isn't burning a piece of cloth, it's burning a symbol to show contempt for what it represents.

Fixed that for you.

This obsession with flag burning seems to be a particularly American past time. It's an issue in other countries, but no where near as much as it is in the US. Americans in general seem to be almost hysterical on both sides when it comes to anything dealing with free speech, particularly around religion.

Trying to get the constitution amended with something as petty as this is a waste of time, it'll never pass. Maybe 10-15 states might ratify it, and perhaps 5-10 would vote against it, and the rest would abstain/postpone until the motion lapsed and therefore not have to opine on the issue one way or the other.

Similarly I don't think that any amendment trying to ban gay marriage would get the required 38 state uptake in order to pass. It could easily get into the high 20's or low 30's, but still wouldn't reach the threshold.

Post has been edited 1 time(s), last time on Sep 5 2011, 12:48 am by Lanthanide.

I don't like the idea of burning property for the sake of burning property, simply because it's a waste of resources. But people should be allowed to burn anything they own. Anything can be a symbol, so what makes a flag so much different?

If I were a dictator, I'd make it illegal. I see no reason to legalize another way to disrespect my state. Otherwise? Not sure.

If the government were to legalize the burning of the thing that represents their country, that'd be one huge "Fuck it".

You mean someone is trying to disrespect your country and your response is to punish them for doing it? Sounds like bullying to me.


The government's or republican's notions of respect need to be left behind. They're rationalizations. If someone is not willing to give this respect, forcing it is a crime against humanity. America needs to drop e pluribus unum from their currency- it's so ironically hypocritical how they use that phrase.

Actually, from this day forth I am no longer going to identify myself as an American in everday speech. I am not American. I am human. We are all human. Holding onto flags like they're sacred is just a roadblock in the progression of intellectual and cultural development.

Post has been edited 2 time(s), last time on Sep 5 2011, 5:26 am by Sacrieur.

If you drop the American flag on the ground you are SUPPOSED to burn it, for the flag is never ment to fall. Its simply a symbol of pride for ones nation, how ever foolish it may sound.

When used like this, then yes, it should never be illegal. When used in the sense of burning it because you hate your country, then theres a problem.

I hate all countries. They divide where there should be no divisions. And if I'm going to be punished for burning a piece of cloth in the name of "respect" then truly our race is more infantile than I have previously thought.

So then a worldwide unified government? People want different things and language barriers play a huge role in the division. I do agree that being punished for burning cloth is illogical. Some people enjoy being part of America in the same way people like being part of video game clans or recreational clubs.

Why do some people not want flag burning to be legal? What do they stand to gain by protecting cloth? But on the other hand why would anyone want to purposely burn a flag? If they hate their "Country" They can express their opinions. Better yet find a new country. They can't have the country they live in be run the way they want it.

The image of an United States citizen intentionally burning the the flag is rather annoying in my mind.
That is like destroying an object your parents own while living under their roof. It is ungrateful.

Leave the country if you despise it that much.

Though lesser thought, perhaps this means our race is more advanced than you've ever imagined.

I'd never do it, and I think it is juvenile when other people think they're making a statement by doing it, but I don't want to keep someone from doing it.

It's like destroying an object you own in your parent's home that you pay rent for.

It's actually funny, the way some Americans react to burning the flag is the same as some Muslims react to burning the Koran. Quit trying to oppress what people can and can't do based on subjective feelings; it's a crime against humanity.

Symbolism is what separates us from monkeys.

The true fault is that people place too much regard in symbols with no meaning. The act of burning a flag is, to most, disrespectful. But, to many others it is merely cloth burning. Patriotism - or whatever you want to call it - is subjectively applied through semantics, and as such, it's safer to just say "Don't burn flags."

What? And become a victim of your own foreign policy? [/obligatory troll remark]

I see plenty of reasons here people shouldn't burn flags, but no reason why they can't.

By making it illegal you'd be going against what America was based around ... It shouldn't be illegal.

Also this seems relevant.