Is prohibitting of Flag Burning a violation of the 1st amendmant?

Essay by juddvanderpoolUniversity, Bachelor'sB+, April 2004

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"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances." Many have taken this quote for granted in this country, and do not fully appreciate what this First Amendment truly means. America is one of the few countries throughout the world that actually allows its citizens to say what they feel or practice whatever religion they feel as being "right" and not allowing anyone to interfere with their practices. Although this freedom is almost always considered expected, sometimes the government may use their power to limit this right.

Since it is stated in the Constitution that Congress shall make no law abridging the freedom of speech, then any anarchist can burn an American Flag in front of the White House to show true disgust towards a daft situation.

Since the actual action does not pose a threat to any one individual, it is just a statement that they do not agree with this idea, the action should be taken in stride. But since burning a flag is disrespectful to this country, some states, such as Texas, have tried to make laws outlawing this. This is quite noticeably a controversy pertaining to the first amendment. The courts in the case of Texas V. Johnson, a case pertaining to a flag burning incident, stated "If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable"(Texas V. Johnson, 1989). Although the courts decided that it was unconstitutional to persecute Gregory Johnson, many patriotic Americans were...