Is flag burning protected by the First Amendment? There is a proposed amendment to make flag burning illegal. Congress attempted 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 so far all attempts have failed. Flag burning is very controversial because people have different definitions of what "free speech" means and what our flag represents. This essay explores these definitions from the perspective of the proponent of a law protecting the flag and from the perspective of opponents against such a law. The most debated question right now is: Is flag burning protected by the First Amendment which guarantees free speech? It all depends on how a person defines the flag and interprets the First Amendment. To help answer this question let's define what a flag is. Supporters (veterans, Citizens Flag Alliance, and other such organizations) of the Flag Protection Amendment define the flag as a “cultural artifact with meaning, significance, and use determined by the particular system that employs it (Guenter 18). " Some flag historians have recognized the impact of culture on the changing meaning and use of the national flag, although none have ventured a full-scale investigation of the topic (Guenter 16). The flag was initially a symbol of freedom and enlightenment. The design of the flag also changed. The very first flag contained thirteen stars arranged in a circle with red and white stripes. As the nation grew, so did the flag, until the flag became what the we know today Supporters also believe that the flag should never be used for advertising purposes in any way (www.legion.org/flagcode.htm) It should not be embroidered on items such as pillows or handkerchiefs and the like, printed or otherwise imprinted on paper towels or boxes or anything intended for temporary use and disposal (www.legion.org/flagcode.htm) Advertising signs should not be attached to the flagpole or halyard from which the flag is flown. No part of the flag should ever be used as a costume or sports uniform (www.legion.org/falgcode.htm). However, a flag patch may be placed on the uniform of military personnel, firefighters, policemen and members of patriotic associations. organizations.
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