First Amendment protections and flag desecration

Desecration of the American Flag

The protection of the American flag from desecration is a contentious issue which has evoked considerable debate. Those in support of creating an amendment which would prohibit desecration believe it should be protected due to its unique importance within the United States. Supreme Court Justice William H. Rehnquist stated that the flag is a "symbol embodying our Nation" and that its desecration is not a requisite of any expression of ideas.

Proponents against an amendment which would prevent flag desecration believe that the flag should fall within the expansive realm of free speech. They also state that a curbing of this right would be contrary to what the flag is intended to symbolize. Additionally, the occurrence of flag burning is relatively infrequent and thus is not a pervasive issue which needs this level of consideration.

Personally, I believe that desecration of the American flag should be a right that falls within the purview of free speech. We are a nation founded on the espousal of public protest and dissention as a healthy facet of the democratic process. Curtailment of free speech, in any form, is an incremental step in the wrong direction and is in direct opposition with the fundamental principles on which this nation was founded. While I do not believe I personally would burn a flag, I fully support the right of others to express their opinions in such a manner. While Justice Rehnquist states that desecrating the American flag is not required for the expression of ideas, it should be noted that neither is a picket or a hunger strike or a march. While none of these is required to express ones dissention or opinion, they are all instruments through which we can do so. As such, the desecration of the American flag should be protected no differently than the aforementioned demonstrations.