Is Flag Burning protected under the First Amendment? :: Persuasive, Exemplification Essay

Is Flag Burning protected under the First Amendment?          There is a proposed amendment to make flag burning illegal. Congress tried to pass the Flag Protection Act of 1989, but the act failed because it is seen as a form of public protection.   There have been other attempts to pass legislation to protect the American flag but all of the attempts have failed so far.    Flag burning is very controversial because people have different definitions of what â€Å"freedom of speech† means and what our flag stands for. This essay explores these definitions from the proponent’s viewpoint for a law protecting the flag and the opponents view point against such a law. The most debated question being asked at this time is:   is flag burning protected under the First Amendment guaranteeing the freedom of speech? It all depends on how a person defines the flag and interprets the First Amendment.    In order to help answer this question let’s being by defining what a flag is. The proponents (veterans, Citizens Flag Alliance, and other organizations of this type) of the amendment for protection of the flag define the flag as a â€Å"cultural artifact with meaning significance, and usage determined by the particular system employing it (Guenter 18).† Some flag historians have recognized the impact of culture on the shifting significance and usage of the national banner, although no one has ventured a full-scale probe of the subject (Guenter 16). The flag in the beginning was a symbol of freedom and enlightenment. The flag design has even changed. The very first flag contained thirteen stars that were in a circle with the red and white stripes. As the nation grew so did the flag, until the flag became what we know of it today.    The proponents also feel that, the flag should never be used for advertising purposes in any manner whatsoever (www.legion.org/flagcode.htm). It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkin or boxes or anything that is designed for temporary use and discard (www.legion.org/flagcode.htm). Advertising signs should not be fastened to a staff or halyard from which the flag is flown. No part of the flag should ever be used as a costume or athletic uniform (www.legion.org/falgcode.htm).      However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations.