Throughout history, Americans have fought hard to gain independence and the freedoms that come with it. However, some choose to test the limitations of those freedoms. For some time, Americans have shown their disgust of the American government by burning flags, and even cutting them up to use as clothing. Although mocking the American government and the flag is disrespectful, revoking the right to do so would be a violation of freedom of expression, which is guaranteed by the First Amendment. Those who support the no-flag burning amendment argue that the United States flag is a special case. Because it would undermine the constitution and set a dangerous precedent that will make it easier for others enact restrictive amendments to the Bill of Rights, a flag desecrating amendment should not be passed. The words of the First Amendment state, “Congress shall make no law abridging freedom of speech.” (Brief 1) Flag burning, a form of symbolic speech, is therefore protected by the constitution. An amendment revoking this right would be unconstitutional. The Bill of Rights was written to ensure liberties, not to ease the process of taking liberties away. “Our constitution was not written in the sands to be washed away by each successive wave of new judges blown in by each successive political wind“ said Justice Hugo Black(Brady 2). Our constitution must not be tampered with just because flag desecration hurts others feelings.Many feel that the American flag amendment is a special case. Supreme Court Chief William Rehnquist claimed it was acceptable to have a “narrow, special amendment to protect a special flag from desecration.” (“Consequences” 2). Even Thomas Jefferson and James Madison denounced flag burning as a crime (Brady H 2). Others feel that flag desecration disrespects those who lost their lives for our country, stating the flag symbolizes the blood that runs through our ...
