The Freedom To Burn, Essay Example

One of the most heated battles in American politics is the debate over whether or not flag burning should be allowed. Advocates claim that flag burning is an issue of free speech since the flag is merely a symbol of the U.S. Those who disprove, however, say that the act dishonors the country and should be outlawed by an amendment to the constitution. On June 27, 2006, the senate voted down an effort to amend the constitution to ban the desecration of the American flag (Babington, 2006).  This was hailed by the American Civil Liberties Union, or ACLU, as a step in the right direction to protecting the First Amendment and Free Speech (ACLU, 2006). While flag burning may be in questionable taste, it is important to protect each and every American’s right to freedom of expression and freedom of speech because by allowing censorship, we allow the erosion of our constitutional rights and pave the way to a style of government that is the opposite of democracy.

Freedom of expression is a right that is guaranteed in the First Amendment. It is one of the most basic principles that the founding fathers felt was important to protect. Flag burning is representative of a group having problems with the way that their government is working. It is an act that some people find truly offensive. However, the people burning the flag are demonstrating their offensiveness at the way they are being treated. Those who want to ban flag burning claim that “it is a reprehensible insult to the nation’s founders and a dishonor to the Americans who died fighting tyranny (Babington, 2006).” Yet, it is just this kind of freedom of expression that the founding fathers worked so hard to protect. While not everyone values everyone else’s opinions or ideals, the freedom to express them is one of the basic liberties that the American was written to uphold.

Advocates for an amendment that would ban flag burning argue that the meaning of the First Amendment is being misconstrued, since the First Amendment protects Freedom of speech and not freedom of expression. Judge Robert Bork argues that flag burning is not speech (Volokh, 2009). This has resulted in the matter being brought up again before the senate in 2009 even though it was voted down in 2006. However, there are many historical court cases to say that this is not the case and that the Framer’s did include freedom of expression to mean freedom of speech. For example, “in a 1795 Pennsylvania case, the prosecution and defense agreed that erecting a liberty pole was the sort of thing to which constitutional free speech principles might apply (Volokh, 2009).” The act was originally a symbol of opposition to the British Crown, but was used in the late 1700’s to symbolize opposition to the new U.S. government.

Interpretation of the First Amendment is at the base of the debate as to whether or not flag burning should be allowed. If we accept that the First Amendment protects not only freedom of speech but also freedom of expression, then the debate should be null and void. The most basic freedom that is protected in the United States is the freedom to hold your own beliefs and to express them in public without fear of retribution. As long as the act does not violate anyone else’s freedom, then it should be allowed. If someone has a problem with flag burning, they can choose to turn away and not to watch. Caroline Fredrickson, Director of the ACLU Washington Legislative Office was quoted as saying “America prides itself on tolerance and acceptances; it is essential that we not amend our founding document to allow censorship, even when the speech in question is reprehensible (ACLU, 2006).”

Ultimately, the American flag is merely a symbol of America, and not America itself. Burning a government building or setting fire to a National Forest would actually be burning America. Burning the flag is merely expressing disapproval of the government and the way that things are being done. This is an act that is totally American. Democracy is only upheld when the people voice their approval or disapproval. While burning a flag may be in poor taste, it is not an act that deserves an amendment to the constitution. Instead of worrying about the flag, perhaps the government should be worrying about why the flag is being burned. Is there a justifiable reason why these people would be so upset with the government that they would burn an item that represents it? Until the source of the anger of the people burning the flag is addressed and resolved, more flag burning is sure to follow.

Resources

American Civil Liberties Union (2006) “ACLU Praises Senators for Rejecting Flag Amendment, Says    Bill of Rights Stands Strong and Intact” Web. Retrieved 26 October, 2010 from            http://www.aclu.org/free-speech/aclu-praises-senators-rejecting-flag-amendment-says-bill-rights-stands-strong-and-intact

Babington, Charles (2006) “Senate Rejects Flag Desecration Amendment” Washington Post  Web. Retrieved 26 October, 2010 from http://www.washingtonpost.com/wp-dyn/content/article/2006/06/27/AR2006062701056.html

Volokh, Eugene (2009) “Flag Burning and Free Speech” Washington Journal Web. Retrieved 26 October, 2010 from http://online.wsj.com/article/SB124657642816289111.html