Prohibition of Flag Desecration is Unconstitutional :: Argumentative Persuasive Argument Essays

Prohibition of Flag Desecration is Unconstitutional When people fix their eyes upon the fifty white stars and thirteen red and white stripes, they perceive not only a nation’s flag, but a symbol that represents freedom and unity. America, the country of opportunity and liberty, is built on a democracy regulated by the Bill of Rights. If this flag represents the land of the free, then why does Congress continue to disregard the First Amendment and attempt to pry a right out of American citizens’ hands? After Texas v. Johnson in 1989, when the Supreme Court opposed the new flag burning amendment, the state statutes banning flag desecration also were struck down. Since then, Congress has tried to pass The Flag Desecration Amendment in 1990, 1995, 1997, 1998, 1999, 2001, and 2003. The Flag Desecration Amendment states that â€Å"The Congress and the states shall have power to prohibit the physical desecration of the flag of the United States.† This amendment is considered unconstitutional because it limits how citizens express themselves and their ideas. According to Professor Robert Justin Goldstein, only forty-five incidents of desecration have been recorded over 200 years since our flag was adopted. Our flag is in no immediate danger, and many people support it by displaying it on cars, buildings, and homes. In fact, the majority of the burnings represent issues or policies of the government, and not hatred towards the country. For example, in 1970, protestors burned flags to rage against imperialistic foreign policies and the Vietnam War. Although the desecration of our nation’s symbol is disheartening, protecting our Bill of Rights should be Congress’s top priority. Since the adoption of the Bill of Rights in 1791, none of the original articles have been altered. The First Amendment clearly states that Congress cannot establish a law that interferes with the freedom of speech, the freedom of press, or the freedom to assemble a protest.