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Flag Desecration

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Flag Desecration
Florine E. Barton
AC0332400
American Constitutional Law Writing
Assignment 04

Constitutionality of flag burning and my feelings about this symbolic act

On June 14, 1777, the United States flag was born in Philadelphia, PA which was the capitol of the United States. As a symbol of the patriot’s idea of the Nation conceived in Liberty, the flag was a sign of freedom and justice in the United States of America. The American flag was sometimes called Old Glory also.

Between 1897-1932, forty eight state laws were established for banning the desecrating of the United States flag. Immediately following the civil war, the American Flag was being threatened by at least two fronts. The first was by white southerners that wanted the Confederate flag as the American Flag and the second was by businesses that wanted to use the flag for commercial advertising. In response to these threats, forty eight states passed laws

The U. S. Supreme Court’s first ruling on Flag Desecration was in 1907. The statues prohibited the following: marking, defacing, using in commercial advertising, showing “contempt” by publicly burning, trampling, spitting on, showing lack of respect for the U. S. Flag. In Halter v. Nebraska in 1907, this ruling was upheld by the U. S. Supreme Court as Constitutional.

In 1968, a Federal Government Flag Desecration law was passed by Congress due to the incident in Central Park where a peace activist decided to burn an American Flag to protest against the Vietnam War. The law banned anyone that demonstrated “Contempt” against the American Flag, but in the process of passing this law, they did not address other issues that dealt with the states’ flag desecration laws.

In 1969, the U. S. Supreme Court ruled that the verbal belittling of the flag is protected by freedom of speech. When a civil rights activist, Sydney Street, burned the flag at a New York City intersection in protest against the shooting of

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