Is Flag Desecration Protected by the First Amendment?


#1

I’m going to put up a poll. Keep in mind, your answer should not have anything to do with how you feel about the practice of flag desecration itself.

For the sake of simplicity, lets not get into whether a state has the right to regulate speech or not, (some view the First Amendment as only applying to the federal government; others disagree), instead whether flag desecration is something that would fall under the protection and intent of the First Amendment. I hope that makes sense.


#2

Some judge claimed that it was, but he was basing it on semantics. The first amendment protects “freedom of speech” - and was intended not just license to say anything we please, but was strictly aimed at allowing criticism of the government without repression (too bad they didn’t make it more clear in the amendment itself, but it is probably quite clear if the background for the amendment is read). But the judgment that it was “free speech” was based on the claim that it was “freedom of expression”, regardless of the nature of that expression. This is simply one more example of corruption of the constitution by the judiciary.


#3

Desecration of the flag itself has been upheld in court as being a 1st Ammendment right. It crossed the line when public safety or private property is compromized.

If someone desecrates and/or burns their own flag or with the permission of the owners of the flag. Then it is OK. If the act of desecration damages and/or endangers the public safety as well as public and private property, then the action is not legal.

Therefore, your poll is too simplistic to reflect the overall reality of the question being asked.


#4

What is flag burning if not the very essence of criticism of the government?

Many a retired serviceman will state that, although they don’t agree with the practice of burning the flag as a sign of protest, they fought for the very liberty to do so.

(And I join them in the personal desire to do what they’d like to do to those who participate in desecrating the flag.
I WOULD grab hold of a flag and burn it if it was the form of desecration w/O’s pic on it.)


#5

You are asking the wrong question.

Mike


#6

Did you happen to see the “flag” that was held at the “March on Washington” just recently? It had BO’s puss where the stars were supposed to be. Let’s burn that one, huh? I’ll see if I can find the picture of it–I think I deleted it out of absolute disgust…


#7

Here it is…disgusting…

Obama Flag Resurfaces at March on Washington - Fox Nation


#8

isn’t this at the head of this thread? again we have a banner with a picture of a deified Obama with red and white stripes. not an American flag


#9

Gee…I don’t know…I’ll have to look. You’re right…it’s NOT the American flag, but these folks seem to think it is.


#10

[quote=“Susanna, post:2, topic:40793”]
Some judge claimed that it was, but he was basing it on semantics. The first amendment protects “freedom of speech” - and was intended not just license to say anything we please, but was strictly aimed at allowing criticism of the government without repression (too bad they didn’t make it more clear in the amendment itself, but it is probably quite clear if the background for the amendment is read). But the judgment that it was “free speech” was based on the claim that it was “freedom of expression”, regardless of the nature of that expression. This is simply one more example of corruption of the constitution by the judiciary.
[/quote]You’re probably right. The right to destroy your own is probably not a First Amendment issue… You good conservative, property-rights believin’ folk do believe in your right to destroy your own stuff? And to make a political statement (which really does make it a First Amendment issue anyway) out of it if you choose?


#11

But aren’t you doing the exact same thing? If you don’t believe it is protected by the first amendment then can you show me where the federal government has the authority to make it illegal? I believe it is in the same place that you will find “separation of chruch and state”, incorporation doctrine, “the right to vote” and a whole host of imaginary grants of authority.

Mike


#12

Yes it’s protected, you’re a moron for doing it, but it’s protected.


#13

That is what I was referring.


#14

I fail to attach much symbolism to inanimate objects. Where people see a flag that represents liberty, the american dream, etc. I see a colored piece of cloth.


#15

Your loss.


#16

Yes, I’ve seen the defilement of that excrement some are making with a piece of cloth, the pic a person with stripes on it.
I’d rip it, burn it, shred it, throw mud at it, run my vehicle over it backward and forward, and back again.

THEY can attempt to desecrate the AMERICAN FLAG with that bilge, and I can react in kind.


#17

[quote=“2cent, post:15, topic:40793”]
Your loss.
[/quote] Seeing reality is never a loss. Seeing truth is not a loss. But deluding oneself into thinking a colored piece of cloth can represent ideas sure can cause problems.


#18

Patriotism must stink for you.

I happen to pledge my allegiance to the Red,White, and Blue, AND for
[COLOR="#FF0000"]WHICH[/COLOR] it STANDS


#19

Really? Hmm…I suppose you feel the same way about the confederate flag…or the nazi Germany flag…or the aryan nation flag, eh? They’re just colored pieces of cloth that mean nothing, right? Don’t bother answering…I already know your answers.


#20

[quote=“2cent, post:18, topic:40793”]
Patriotism must stink for you.

I happen to pledge my allegiance to the Red,White, and Blue, AND for
[COLOR="#FF0000"]WHICH[/COLOR] it STANDS
[/quote]Apparently the word “symbol” is not in the anarchist lexicon.

From Websters:

A visible sign or representation of an idea; anything which suggests an idea or quality, or another thing, as by resemblance or by convention; an emblem; a representation; a type; a figure; as, the lion is the symbol of courage;
the lamb is the symbol of meekness or patience.

And since a symbol is the representation of an idea, and an idea is abstract, I’m guessing that the word “abstract” would not be in the anarchists lexicon either. (~grin~)