I feel that burning of the American flag is very disrespectful to our country's flag. However, Flag Burning is a part of free speech. I understand that there has been a lot of controversy on this topic since the United States v. Eichman case of 1990, and even earlier than that it all really started with the Texas v. Johnson case of 1989. All of this controversy has raised the question, "Is Flag-Burning Free Speech?" My answer to this question is yes.
The Gov't. may restrict the ways in which national symbols can be used in protests. This Act does state that “anyone who knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon” a United States flag can be prosecuted. These violators can be fined or imprisoned for up to one year.
In the case of the United States v. Eichman, the U.S argued that abuse of the flag is "deeply offensive" to many Americans. In other words, it hurts people's feelings. This may be true, however; another form of symbolic speech that hurts individual's feelings is using your fingers to gesture something very offensive, but that is not outlawed. I understand that burning your Country's flag is extremely disrespectful and in many cases very offensive.
A few examples of symbolic speech would be giving someone a thumbs up to say "good job," without having to speak. One negative example I am sure we all know, maybe a little too well would be giving someone the "bird" or "flipping" someone off with your middle finger. Many people find this offensive, but it's not unconstitutional nor illegal. If these aren't illegal why should burning a flag for your individual opinion be?
For the US, The Flag Protection Act does not outlaw flag-burning in order to prevent the expression of a particular point of view. Rather, it prohibits mistreatment of the flag for any reason in order to protect the flags identity as a national symbol.
Now I do agree with the argument of Eichman saying the government's effort to protect the flag limits the free expression of opposition to government policies, but I also agree with America's argument that protection of the flag would not interfere with protesters ability to express their opinions by other means.
I concluded from these cases and arguments that I can't be biased on this subject. As a proud supporter of what the American flag stands for, yes I agree that Flag burning is a part of free speech, however; burning of the American Flag is extremely offensive and I can't say it should be legal just because other forms of symbolic speech are. Through extensive research you will find that this act of disrespect is in fact a constitutional right.
