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Originally posted by WestPoint23
No its not just a Flag its much more that that, its the manifestation and symbol of everything we stand for.
I think the founders would have been petrified to find out Americans were being denied their right to display the US flag.
I don't give the flag this value, but I understand that some do and they have every right to feel that way. Some value speech more than others, some value privacy more than others.
But its not an infringment upon freedoms that you are worried about. You want to ensure 'flag waiving'. The founders simply wouldn't be concerned about that. And, again, if anything, they'd probably be disturbed by overly emotive nationalistic fervor being rampantly publically displayed.
Until its made legal again to burn a flag in protest, all flags should be banned.
Conclusion
In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature. The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech. The Court also held that state officials did not have the authority to designate symbols to be used to communicate only limited sets of messages, noting that "if there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."
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