Burning american flag should illegal

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ABC News Live. The most recent proposal was in ; the amendment passed the House by a vote of , but failed by one vote, , in the Senate. Proponents of an amendment believe that the United States should be able to preserve the flag as a symbol of national unity. Opponents fear ratification of an amendment that would be the first to modify the protections of the First Amendment. With such continuing close votes, the issue is likely to remain controversial in the near future.

This article was originally published in Mark Alcorn is a high school and college history instructor in Minnesota. Hana M. Corn-Revere, Robert. Constitution: An End to the Controversy.

Goldstein, Robert J. Vile, John R. Santa Barbara, Calif. Carroll, Joseph. Bomboy, Scott. Itkowitz, Colby. Ryman and J. Mark Alcorn. Flag Desecration [electronic resource]. Want to support the Free Speech Center? The United States Supreme Court has ruled consistently that flag burning is a form of speech protected by the First Amendment.

In Texas v. Johnson , the Supreme Court held it unconstitutional to apply to a protester a Texas law punishing people who "desecrate" or otherwise "mistreat" the flag in a manner that the "actor knows will seriously offend one or more persons likely to observe or discover his action.

The next year, in United States v. Eichman , the Court reviewed a Congressional statute that attempted to be neutral as to the messages that might be conveyed, prohibiting flag burning except when attempting the "disposal of a flag when it has become worn or soiled. Reasons to Oppose the Flag Desecration Amendment. Talking Points on Opposing the Flag Desecration Amendment Reasons why the flag desecration constitutional amendment is unwarranted and unconstitutional: This amendment is injurious to one of the very freedoms the flag symbolizes: free speech.

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