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Why has the Supreme Court repeatedly ruled that flag burning is a protected form of political protest?
Government is not allowed to prohibit the action or expression of an idea [protected by the First Amendment] simply because the public or society finds it offensive. Flag burning to this day is an ongoing argument. There have been two cases: United States v. Eichman & Texas v. Johnson. Both cases were overturned. Certain "interest groups" and various government officials still fight to prohibit flag burning.
The Supreme Court recognized that burning an American flag is an exercise of which freedom?
The Supreme Cour recognized tha burning the American flag is an exrecise of our freedom of speech. In the case of the State of Texas vs Johnson. They said that he could not be arrested for it because under the 1st amendment of the constituiton it was considered symbolic speech and therefore protected.
The Supreme Court recognized that burning an American flag as an exercise of what freedom?
The Supreme Court decided flag desecration involved "expressive" political speech, which they declared an important component of free speech protected by the First Amendment.For more information about Supreme Court decisions on flag burning, see Related Links, below.
Would the supreme court have a jurisdiction if Johnson burned a Texas flag in the case Texas vs Johnson?
Would the supreme court have jurisdiction if Johnson burned a texas flag in the case of Texas vs. Johnson?
A decision of the us supreme court can be overturned by?
A later decision, or refinement ruling of the same court; or a ruling of that same court based upon a new or amended law to comply with that ruling. For example: John burns the US Flag on the steps of the State Capital. The State arrests him because the state amended its constitution based on a previous decision by the US Supreme court that flag burning is protected speech, thereby making flag burning unlawful. The US Supreme court would rule that the amendment violates the US Constitution (which is superior) and strike down the state amendment. The State then writes a law that John has to buy a permit to burn the flag in any form of protest. The US Supreme Court would uphold that law as long as it did not: 1) discriminate in who the permits were issued to, or 2) make the cost or time involved in issuance of the permit unbearable (too much to afford). **Please note this is just a simple example and involves a lot more than is illustrated. FOR PLATO - an amendment to the constitution
What amendment allows the burning of the US flag?
The First Amendment to the United States Constitution protects the act of burning the US flag as a form of free speech. In 1989, the Supreme Court ruled in Texas v. Johnson that burning the US flag is a symbolic expression protected under the First Amendment.
Why should burning the flag be a crime?
Burning the flag is a form of protected symbolic speech under the First Amendment of the US Constitution, which guarantees the right to free speech. Making it a crime would violate the principles of free expression and open debate that are fundamental to a democracy. Additionally, criminalizing flag burning could lead to government censorship and suppression of dissenting views.
Can you get arrested for burning a flag?
No, the Supreme Court ruled in the 1990's that burning a flag is a form of symbolic speech protected by the First Amendment. As long as the flag burning does not endanger anyone it is perfectly legal.
What policy issue is the underlying theme of the flag-burning debate?
It isn’t policy, but freedom of speech and the first amendment. The Supreme Court ruled that burning a flag is freedom of speech.
What is the law against burning a flag?
Currently there is no law against burning the flag, since it part of the First Amendment of free speech. Although burning a flag is not illegal, certain actions that go along with this practice may be against the law.
Are there any groups or organizations opposed or in support of flag burning?
The Citizens Flag Alliance is an organization that is against flag burning. They are probably the most notable for that side. Veterans against the flag burning amendment, or something to that degree is an organization that supports flag burning.
How could one of the major organizations within the federal government effectively overcome the supreme courts ruling to allow federal government to outlaw burning a flag?
Congress could propose a constitutional amendment that would outlaw flag burning
Which amendment protests Johnson's flag burning as free speech?
That he burned an American flag as part of his protest. He was arrested, prosecuted and was found guilty. Johnson's flag
Is it illegal to fly the American flag in the rain?
The US 'flag code' is part of federal law, but it is simply an advisory code. There are no penalties for disobeying it, and in fact such penalties would probably be a violation of First Amendment rights. Therefore flying the flag in the rain may violate the code, it is not a violation that you will go to jail for.
Why is it punishable to burn the mericn fflag flag?
Flag desecration (burning the flag, stomping the flag, etc.) is totally legal in the United States! A court case in 1989, and again in 1990, ruled that it is unconstitutional for the government to ban flag desecration under the First Amendment. However, other countries such as Japan and New Zealand may have restrictions on flag desecration.
Is flag burning in the us illegal?
No it is not illegal. Several years ago the Supreme Court ruled that it was freedom of speech and that the 1st amendment protected someone if they burned the flag. It is a form of protest.
Is burning the American flag a crime?
Burning the flag is disrespectful, but not a crime.
