Stars and Stripes: Sacred or Dispensable?
...ch took place in May, 1970, a college student hung a U.S. flag out of his apartment window, with two peace signs affixed to both sides. The Court clearly decided that this was also a form of expression of free speech. Second, there is the case of Street v. New York. In this particular case, a man heard of the shooting of James Meredith, a civil rights leader, took an American flag which he owned to a street corner near his home in New York and ignited the flag. The Supreme Court held that, “the state may not criminally punish a person for uttering words critical of the flag…” (Brennan 528). As Brennan also states in the majority opinion, “[the Supreme Court has] long recognized that” free speech and the protection there of, “does not end at the spoken or written word…” (Brennan 527). The Court confronted the flag burning issue twice in the year of 1989; first, when dealing with Mr. Johnson, the second, “to consider the constitutionality of the Federal Flag Protection Act of 1989” (Symbolic Expression). All these cases and the aforementioned act have led to many attempts to pass a constitutional amendment to authorize the punishment of flag-burning, however, it has fallen short of the two-thirds majority needed to pass in the Senate (Symbolic Expression). Even though some of the people arguing for the First Amendment have valid arguments, the other side of this issue must also be explored. Chief Justice Rehnquist, who authored the dissenting opinion, disagrees strongly with the burning and/or desecration of such an object as unique as the United States Flag. He states, “The flag symbolizes the nation in peace and in war” (Rehnquist 530). He cites the raising of the flag at the top of Mount Suribachi as proof of the flags significance to the people of this country. He goes onto say that, “no other American symbol has been as universally honored as the flag” (Rehnquist 530). Despite the fact many men and women have fought for what the flag stands for, one must be aware of the many Americans who have suffered at the so-called ‘ideas’ that it represents. Supporters of the flag claim it symbolizes freedom, but they cannot tell you why speech is so censored on the airwaves. They do not give valid reasoning for why there is so much prejudice and hatred in our country. Chief Justice Rehnquist insists that “flag burning is the equivalent of an inarticulate grunt or roar that, it seems fair to say, is most likely to be indulged in not to express any particular idea, but to antagonize others…” (Rehnquist 531). In other words, he says flag burning is just a way for people to make their presence known, not for them to make any sort of valid claim as to the hypocrisy of the flag and its ideals. Ivan Warner was a P.O.W. in Viet Nam from 1967 to 1973. He writes of his experience, and on how he dealt with people who felt it necessary to burn our flag. “Early in the imprisonment, the Communists told us we did not have to stay…if we would only admit we were wrong. In our minds, [that would have] amounted to betrayal. I spent thirteen months in solitary. I had long bouts of dysentery and internal parasites. Was our cause worth all this? Yes…and more. ‘We don’t need to amend the Constitution in order to punish those who burned the flag. They burn [it] because they hate freedom. What better way to hurt them that…spread freedom. Don’t be afraid of freedom’” (Warner). Since most people are at polar opposites in their opinion of flag burning and/or flag desecration, it’s hard to make them see another point of view. This is due to the extreme significance of the flag to the whole of ...