The Flag-burning Amendment
The Flag-burning Amendment is a proposed amendment to the United States Constitution. The change would enable the United States Congress to outlaw the physical desecration of United States flag. The concept of flag burning elicit heated debate over protecting free speech, protecting liberty and safeguarding national symbol represented by the national flag. The change would have great significance, both politically and constitutionally. Due to various reasons, America should not add an Amendment to the Constitution to prohibit the burning of the American Flag.
The purpose of U.S government, as suggested by the Founding Fathers, is to defend the rights of individuals. The rights are truths that are “undeniable and sacred.” These rights are also “inherent and inalienable.” The rights are captured in the Bill of Rights section. All the rights seek to ensure that innocent people are not forced against their will. Amendment that bans flag burning does not protect any right. Flag does not have any right. Consequently, the Amendment of Flag-burning should not be allowed to override the freedom of expression. Proposed flag burning amendment in not only in conflict with the ideals of freedoms but also unconstitutional.
The Supreme Court has appreciated the fact that the 1st Amendment in the U.S constitution protects some form of symbolic speech. Flag burning is a form of symbolic speech. A person who privately owns a flag should be allowed to burn it, especially if the action is a kind of protest. So long as the burning of the flag does not infringe other rights or destroy property, the government cannot forbid this action without violating speech rights. In a landmark case, the court ruled that Flag burning constitute symbolic expression stipulated in the First Amendment.
Liberty is a concrete concept. People that have the liberty possess the ability to do what they wish. However, such people are not allowed to infringe other people’s rights. The American Flag is a symbol of liberty. In fact, the flag is a symbol of people’s right to burn it if they see that fit. Therefore, any law that prohibits flag burning contradicts the symbol of the flag.
In conclusion, the America should not add an Amendment to the Constitution to prohibit the burning of the US flag. The ban will upset the freedom of expression. In addition, the amendment will be contrary to the liberty concept.