1. Situation

For many Americans, the U.S. flag is a symbol of patriotism and pride. The flag is to be treated with respect; burning it would be unthinkable. However, protesters have turned to flag-burning many times as a statement against the government or its policies.

Imagine if students gathered on BGSU’s campus to protest the war in Iraq, marching, chanting slogans, and burning a U.S. flag in front of a large crowd. Would it be legal?

2. Legal Background

Johnson (right) and his attorney. Source: http://en.wikipedia.org/ wiki/Texas_v._Johnson

The U.S. Supreme Court ruled in Texas v. Johnson that flag-burning is a form of protected speech. In that case, Gregory Lee Johnson, a young member of a communist group, participated in a demonstration during the 1984 Republican National Convention in Dallas. As the protesters shouted things such as, “America, the red, white, and blue, we spit on you,” Johnson poured kerosene on a flag that had been ripped down and set it on fire. He was charged with violating a Texas law that prohibited desecration of a state or U.S. flag. Originally, he was convicted, sentenced to one year in prison, and fined $2,000, but he  appealed.

Although the Supreme Court determined Johnson was exercising his right to free speech, guaranteed under First Amendment, a lot of folks still think it should be illegal to burn the flag. In fact, Congress has tried repeatedly to pass the Flag Desecration Amendment.

3. Questions

  • What are the arguments in favor of and against protecting flag-burning under the First Amendment?
  • Should Congress keep trying to pass the Flag Desecration Amendment? If it passed, what would happen?
  • How do you personally feel about burning the flag? How would you react if this happened on the BGSU campus?