Answer
No. It should neither be protected or outlawed. A law should be made for something that has a real need to be protected. To fight about something that has only a rhetorical impact I think is excessive. If people want to buy a flag (any flag) and burn it, that should be a matter between them and their wallet. Perhaps the action is offensive to some people but (really) I can't see it as excessively vulgar.
Such an action I would interpret as 'I do not like what your country is doing', or 'I do not approve of what your country stands for' or ' I feel betrayed by my country'. Such comments I can take as an insult but not an abomination. It is sanitary and temporary. I can think of a lot of other things that I would find much more offensive.
Answer
Flags are burned in the military when they are no longer considered to be of useful service. I believe that the private sector can request a flag burning from the military or an American Legion Outpost. (Correct me if I am wrong). Burning is the accepted method of disposal for an American flag that is no longer usable.
To burn a flag that is still in good shape is not a crime and should never be a crime. This is a free country. To pass a law that specifically stifles freedom of speech, since it is allowed and expected that flags be burned at a certain point when they are worn out, prohibiting the burning of the flag makes no sense.
The only reason flag burning could ever be prohibited is when some person or organization for idealistic or political or prejudicial purposes would seek to ban this to further a purpose that in principal is unconstitutional. We cannot allow the act to be banned for this reason. As for the person burning the flag, it is their right. As long as they do not break local laws concerning fire hazards, it must be allowed.
Flag burning needs no protection as free speech. We have free speech that currently protects our rights, including flag burning. I say stop the people that would limit our freedom! They are the villains in this case. I will restate this since some people that this message is aimed at may have trouble understanding this concept.
Those that are for banning or criminalizing an act that is done on a regular basis and is sometimes done as a protest (although despicable) are wrong and are in fact the worst kind of citizens. This is a free country, the very thing the flag represents. Back off and allow this freedom.
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Yes, the US Supreme Court has ruled that Flag burning is a protected form of speech.
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.
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.
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.
4.2.4 a candidate speaking at a town hall meeting