Flag Burning & Desecration: Should the American Flag be Protected?
Many want to use the law to criminalize desecration of the American flag. Politicians are eager to exploit this for political gain. Most people only have flag burning in mind when they attack desecration, but the concept covers: defacing the flag by putting words or marks on it, using the flag in commercial advertisements, burning photos of flags, and more. Courts have ruled such law an infringement on free speech rights, so there are efforts to amend the Constitution to change the rules.
Iowa Teen Charged with Desecrating, Burning Flag
There never seems to be an end to attempts by the police to enforce laws against flag burning and desecration. Such laws are clearly and unequivocally unconstitutional, but that doesn't stop political authorities from believing that they have the power to keep people from expressing themselves in unpopular and inflammatory ways.
There never seems to be an end to attempts by the police to enforce laws against flag burning and desecration. Such laws are clearly and unequivocally unconstitutional, but that doesn't stop political authorities from believing that they have the power to keep people from expressing themselves in unpopular and inflammatory ways.
Teacher Burns Flags, Causes Uproar in Class
If a teacher wants to provoke students as part of a less on free speech, there are few actions that would fit the bill as well as burning a flag. At least, that's what Dan Holden, a social studies teacher in the Stuart Middle School in Jefferson County, Kentucky, seems to have thought. Now he's in a lot of trouble with parents for doing something so awful and un-American.
If a teacher wants to provoke students as part of a less on free speech, there are few actions that would fit the bill as well as burning a flag. At least, that's what Dan Holden, a social studies teacher in the Stuart Middle School in Jefferson County, Kentucky, seems to have thought. Now he's in a lot of trouble with parents for doing something so awful and un-American.
American Flag Burning, Desecration: Power Politics and Punishing Speech
Flag burning, or any other physical desecration of the American flag, is an issue that sparks strong emotions. Some - mostly Republicans, but also some Democrats - regard burning the American flag as a form of blasphemy. It is a sin against 'civil religion' in America, not unlike a sin against an established church. Attempts to ban flag desecration by statute have repeatedly failed, so now people seek to ban it by passing a constitutional amendment.
Flag burning, or any other physical desecration of the American flag, is an issue that sparks strong emotions. Some - mostly Republicans, but also some Democrats - regard burning the American flag as a form of blasphemy. It is a sin against 'civil religion' in America, not unlike a sin against an established church. Attempts to ban flag desecration by statute have repeatedly failed, so now people seek to ban it by passing a constitutional amendment.
Is Flag Burning a Problem?
How big of a problem is flag burning such that a Constitutional amendment is required to prohibit it? Given how strong people's emotions seem to run when this issue comes up, you might think that this is one of the most pressing matters facing America. The truth, though, is that bans on flag burning and desecration are a solution in search of a problem: flag burning almost never occurs, and when it does, the only harm it causes is to the sensibilities of the very few people who see it.
How big of a problem is flag burning such that a Constitutional amendment is required to prohibit it? Given how strong people's emotions seem to run when this issue comes up, you might think that this is one of the most pressing matters facing America. The truth, though, is that bans on flag burning and desecration are a solution in search of a problem: flag burning almost never occurs, and when it does, the only harm it causes is to the sensibilities of the very few people who see it.
What is a Flag? What is the American Flag?
If laws against burning or desecrating an American flag are to have any value, it must be clear to everyone just what is meant by an 'American flag' to begin with. If it’s not clear, the laws will be struck down as unconstitutionally vague. Intuitively, it might seem obvious what an American flag is supposed to be, but a closer examination of the issue reveals that it’s not so obvious and clear after all.
If laws against burning or desecrating an American flag are to have any value, it must be clear to everyone just what is meant by an 'American flag' to begin with. If it’s not clear, the laws will be struck down as unconstitutionally vague. Intuitively, it might seem obvious what an American flag is supposed to be, but a closer examination of the issue reveals that it’s not so obvious and clear after all.
What is Desecration? Is the American Flag a Sacred Object?
It's common to find politicians - both Democrats and Republicans - exploiting people's feelings about the American flag by advocating laws that would ban burning the flag. Instead of just limiting their attacks on flag burning, which is already invalid, many politicians go further and attack 'desecration' of the flag generally. Laws against desecrating the flag are meaningless, though, unless it's clear what we mean by 'desecration' in the first place.
It's common to find politicians - both Democrats and Republicans - exploiting people's feelings about the American flag by advocating laws that would ban burning the flag. Instead of just limiting their attacks on flag burning, which is already invalid, many politicians go further and attack 'desecration' of the flag generally. Laws against desecrating the flag are meaningless, though, unless it's clear what we mean by 'desecration' in the first place.
Expression vs. Speech
Despite a spate of court decisions against them, some people continue to insist that there is no speech interest in flag burning, and therefore flag burning should not be protected by the First Amendment. One has to wonder, then, whether something like flag waving is a speech act? If flag burning doesn't qualify as speech, then flag waving can't; if flag waving is protected as free speech, then flag burning should be as well.
Despite a spate of court decisions against them, some people continue to insist that there is no speech interest in flag burning, and therefore flag burning should not be protected by the First Amendment. One has to wonder, then, whether something like flag waving is a speech act? If flag burning doesn't qualify as speech, then flag waving can't; if flag waving is protected as free speech, then flag burning should be as well.
Why Ban Flag Burning? Evaluating Arguments for Bans on Burning the Flag
Although the connections may not be obvious, there are significant ties between efforts to ban the burning or desecration of the American flag and Christian Nationalism. Nothing profane can be desecrated, thus the very idea that the flag can be desecrated is derived from the belief that the flag is sacred in some fashion. This belief is most actively promoted by Christian Nationalists, for whom true patriotism and true religion have been fused into an anti-democratic political movement.
Although the connections may not be obvious, there are significant ties between efforts to ban the burning or desecration of the American flag and Christian Nationalism. Nothing profane can be desecrated, thus the very idea that the flag can be desecrated is derived from the belief that the flag is sacred in some fashion. This belief is most actively promoted by Christian Nationalists, for whom true patriotism and true religion have been fused into an anti-democratic political movement.
American Flag Timeline: Flag Desecration, Flag Burning, Pledge of Allegiance
This chronological history of the American flag outlines major events related to use of the flag as a quasi-religious symbol. The focus of this timeline are efforts to protect the American flag from desecration and burning, making a crime out of using the American flag in advertisements, and the blending of patriotism with Christianity by transforming the Pledge of Allegiance into an expression of religious beliefs.
This chronological history of the American flag outlines major events related to use of the flag as a quasi-religious symbol. The focus of this timeline are efforts to protect the American flag from desecration and burning, making a crime out of using the American flag in advertisements, and the blending of patriotism with Christianity by transforming the Pledge of Allegiance into an expression of religious beliefs.
Playing Politics With the American Flag
Republicans regularly introduce proposals to amend the Constitution to permit government bans on flag burning or desecration. In the past, they introduced laws to ban flag burning, but the laws were always struck down as unconstitutional. These measures are intended as political footballs: almost always introduced in election years, they exist to give Republicans an easy way to attack the patriotism of Democrats who refuse to undermine freedom of speech.
Republicans regularly introduce proposals to amend the Constitution to permit government bans on flag burning or desecration. In the past, they introduced laws to ban flag burning, but the laws were always struck down as unconstitutional. These measures are intended as political footballs: almost always introduced in election years, they exist to give Republicans an easy way to attack the patriotism of Democrats who refuse to undermine freedom of speech.
Flag Fetishism & the Cult of the Flag
Americans' obsession with the American flag isn't just an example of patriotism or nationalism - it's an example of fetishism. Some Americans, at least, have developed a cult around their flag in which that flag is treated almost as it if had supernatural powers, and certainly as if it were more than merely a symbol of America. The flag is treated as if it were America itself - as if it were a substitute for America, such that how you treat it were how you treat America.
Americans' obsession with the American flag isn't just an example of patriotism or nationalism - it's an example of fetishism. Some Americans, at least, have developed a cult around their flag in which that flag is treated almost as it if had supernatural powers, and certainly as if it were more than merely a symbol of America. The flag is treated as if it were America itself - as if it were a substitute for America, such that how you treat it were how you treat America.
The American Flag as Symbol: But a Symbol of What?
Humans could not exist without symbols. These representations of objects and concepts allow us to explore relationships between things and ideas in ways not otherwise possible. The American flag is of course a symbol, but a symbol of what? The answers to these questions are, I believe, at the heart of debates between supporters and opponents of laws outlawing burning or desecration of the American flag.
Humans could not exist without symbols. These representations of objects and concepts allow us to explore relationships between things and ideas in ways not otherwise possible. The American flag is of course a symbol, but a symbol of what? The answers to these questions are, I believe, at the heart of debates between supporters and opponents of laws outlawing burning or desecration of the American flag.
If Flag Desecration is a Crime, What is Prohibited?
Attempts to ban flag desecration, either through statute or through constitutional amendment, would ban much more than most people seem to realize. Usually people only think about trying to stop burning the American flag, but the truth is that past and current laws against flag desecration cover far more than just burning the flag. Perhaps if people thought more about just what they are outlawing, they wouldn't be so quick to support flag desecration bans.
Attempts to ban flag desecration, either through statute or through constitutional amendment, would ban much more than most people seem to realize. Usually people only think about trying to stop burning the American flag, but the truth is that past and current laws against flag desecration cover far more than just burning the flag. Perhaps if people thought more about just what they are outlawing, they wouldn't be so quick to support flag desecration bans.
The Issue is Not the Issue
One of the more enduring slogans from the 1960s counter-culture movement was that 'The Issue Is Not the Issue.' What this means is that what was at stake was not any particular policy; instead, the real issue was the entire social structure of assumptions and authority. Whatever the immediate issue may have been, it merely a symptom of a larger issue, and that larger issue was the real goal of protest.
One of the more enduring slogans from the 1960s counter-culture movement was that 'The Issue Is Not the Issue.' What this means is that what was at stake was not any particular policy; instead, the real issue was the entire social structure of assumptions and authority. Whatever the immediate issue may have been, it merely a symptom of a larger issue, and that larger issue was the real goal of protest.
Free Expression as Political Subversion
Expression and speech are treated differently in America. People think we have freedom of speech and assume we also have freedom of expression. Neither is true - free speech exists in theory but is often not honored in the breach. Freedom of expression can be little more than a pipe dream because it is strictly limited by what authorities deem appropriate.
Expression and speech are treated differently in America. People think we have freedom of speech and assume we also have freedom of expression. Neither is true - free speech exists in theory but is often not honored in the breach. Freedom of expression can be little more than a pipe dream because it is strictly limited by what authorities deem appropriate.
Meaning of the American Flag
One vitally important issue in the debate over burning and desecrating the American flag tends to be ignored: what exactly does the American flag mean and why? The American flag is a symbol, which is to say that it represents America itself. Therefore, the question of what the American flag means is necessarily a question about what America means and what it stands for.
One vitally important issue in the debate over burning and desecrating the American flag tends to be ignored: what exactly does the American flag mean and why? The American flag is a symbol, which is to say that it represents America itself. Therefore, the question of what the American flag means is necessarily a question about what America means and what it stands for.
Flag Desecration Amendment: It's Just the Beginning
Almost like clockwork, conservatives regularly attempt to enact a constitutional amendment that would permit them to ban flag burning and various forms of flag 'desecration.' They still don't accept the fact that such activity is protected free speech, so they want to single out this sort of speech for special political regulation. If successful, though, it will just be the beginning
Almost like clockwork, conservatives regularly attempt to enact a constitutional amendment that would permit them to ban flag burning and various forms of flag 'desecration.' They still don't accept the fact that such activity is protected free speech, so they want to single out this sort of speech for special political regulation. If successful, though, it will just be the beginning
Commercial Exploitation of the Flag
There is a two-sided and important relationship between efforts to ban flag burning or flag desecration and the use of the flag in advertisements, commercials, and other business contexts. Hardly anyone today is aware of this relationship, but understanding it is important because it reveals some very important things about the movement to ban flag burning and desecration.
There is a two-sided and important relationship between efforts to ban flag burning or flag desecration and the use of the flag in advertisements, commercials, and other business contexts. Hardly anyone today is aware of this relationship, but understanding it is important because it reveals some very important things about the movement to ban flag burning and desecration.
Censorship Envy
If Congress should have the power to ban the physical desecration of the American flag, why shouldn't it also have the power to ban physical desecration of other symbols that people hold dear? That's not a rhetorical question: if the Constitution is amended to give Congress power to ban flag burning and desecration, people who are offended at the desecration of other symbols may start demanding accommodation. How should they be answered?
If Congress should have the power to ban the physical desecration of the American flag, why shouldn't it also have the power to ban physical desecration of other symbols that people hold dear? That's not a rhetorical question: if the Constitution is amended to give Congress power to ban flag burning and desecration, people who are offended at the desecration of other symbols may start demanding accommodation. How should they be answered?
American Flag as Religious Icon
Discussions of efforts to amend the Constitution typically focus on the desire to ban burning the American flag, but current and past proposals have included criminalizing 'physical desecration' of the American flag. Desecration is defined as violating the 'sacredness' of something. Something is 'sacred' when it is 'holy' or 'worthy of worship, religious veneration.' Thus, efforts to ban the desecration of the American flag are efforts to transform it into an object of religious worship.
Discussions of efforts to amend the Constitution typically focus on the desire to ban burning the American flag, but current and past proposals have included criminalizing 'physical desecration' of the American flag. Desecration is defined as violating the 'sacredness' of something. Something is 'sacred' when it is 'holy' or 'worthy of worship, religious veneration.' Thus, efforts to ban the desecration of the American flag are efforts to transform it into an object of religious worship.
Evolution of the American Flag
From the American History Guide: "Every country has its own myths and legends. In America, we have many. ... So what is the true origin of the flag? It is believed that Francis Hopkinson, a Congressman from New Jersey and patriot, was the true designer of the flag. In fact, the journals of the Continental Congress show that he designed the flag."
From the American History Guide: "Every country has its own myths and legends. In America, we have many. ... So what is the true origin of the flag? It is believed that Francis Hopkinson, a Congressman from New Jersey and patriot, was the true designer of the flag. In fact, the journals of the Continental Congress show that he designed the flag."
Amending the Constitution
From the U.S. Government Info Guide: "The recent Senate debate over a proposed constitutional amendment dealing with desecration of the U.S. flag raises the question of exactly how the Constitution can be amended."
From the U.S. Government Info Guide: "The recent Senate debate over a proposed constitutional amendment dealing with desecration of the U.S. flag raises the question of exactly how the Constitution can be amended."
History of U.S. Laws Against Flag Desecration
From the Civil Liberties Guide: "Information about laws banning the burning and other desecration of the American flag, Texas v. Johnson, the Flag Protection Act, and the Flag Desecration Amendment."
From the Civil Liberties Guide: "Information about laws banning the burning and other desecration of the American flag, Texas v. Johnson, the Flag Protection Act, and the Flag Desecration Amendment."
Bush Desecrates American Flags
Did you know that President George W. Bush is guilty of desecrating American flags? Well, I think that his actions qualify as desecration: while in Livonia, Michigan, in 2003, he signed small flags handed to him by workers at the Beaver Aerospace and Defense plant. I suppose this is an old story by now, but it still deserves attention.
Did you know that President George W. Bush is guilty of desecrating American flags? Well, I think that his actions qualify as desecration: while in Livonia, Michigan, in 2003, he signed small flags handed to him by workers at the Beaver Aerospace and Defense plant. I suppose this is an old story by now, but it still deserves attention.