Originally posted by zedVSzardoz
reply to post by HandyDandy
there are laws covering the flag actually. He should have checked. He didn't do his homework and he now faces the consequences. Seems like an appropriate lesson.
Every state in America except two has laws dealing with the misuse, abuse, and desecration of flags: the American flag, the state flag, and sometimes the Confederate flag. The laws prohibit defiling, defacing, casting contempt upon, and sometimes even satirizing these flags. Most laws specify actions, but some criminalize words. A few include other venerated objects in their protections.atheism.about.com...
Wyoming is the only state that doesn't say anything about defacing, desecrating, or disparaging the flag. Alaska only bans the registration of trademarks which disparage national symbols. All other states proscribe at least some uses for national and state flags. Below are some key attributes of these laws.
Publicity: It's rarely a crime to deface, burn, or desecrate an American flag if you do so in the privacy of your home. It's only a crime to do it in public or take a flag so altered and display it in public. If the crime is the action, though, why does it have to be public? This suggests that the law exists to protect people's sensibilities rather than flags.
Outraged Sensibilities: Many laws specify that a crime only occurs if the action outrages the sensibilities of those who see or even merely learn of it. Desecrating a flag is not a crime in and of itself; it only becomes a crime when people get upset. Once again, the purpose appears to be protecting people's feelings.
Intent: Most state laws specify that flag desecration is only a crime if person intentionally or knowingly does it. If the point is to protect flags, however, why aren't there provisions for a lesser charge of negligence? Perhaps it's because the point is to suppress the communication of ideas, something that occurs when one intentionally defaces a flag but doesn't occur when one accidentally defaces a flag.
Casting Contempt: The clearest evidence that the point of a law is to suppress speech is when the crime is to "cast contempt" or otherwise "insult" the flag, such that defacing or defiling are merely examples of how the crime might occur. As the Supreme Court stated in Smith v Goguen, however, to treat something contemptuously means to express contempt, and that is undeniably the expression of attitudes or ideas which is protected by the Constitution.
By Word or Act: The most extreme examples of suppressing speech are those state laws which explicitly ban casting contempt on the flag "by word" as well as "by act." States which do this are: Iowa, Louisiana, Michigan, Mississippi, Nevada (which additionally makes it a crime to speak "evilly" about the flag), New Mexico (which prohibits insulting the flag), New York, Oklahoma, West Virginia, and Vermont. The District of Columbia used to have this, but it was removed.
Any Part: Most states define "flag" very broadly to include any part of a flag, any representation of a flag, and anything which anyone might immediately perceive as a flag. So burning a piece of a flag or a picture of a flag are crimes.
Venerated Objects: Alabama and Kentucky are the two states which connect the protection of flags with more general protections for religious objects because they classify the desecration of flags alongside desecration of churches and "venerated objects."
Advertisements: Most states ban not just defacing flags, but also using flags for advertising. This makes it illegal to sell things with flags on them (for the purpose of drawing attention) or to put ads on flags themselves. Maine, Rhode Island, and Pennsylvania only ban this and not other forms of desecration (though Pennsylvania includes things like using flags for drapery).
Personal Property: Most state laws make no distinction between personal property and the property of others; most that do say that it doesn't matter if the flag is personal property — desecration is still a crime. Only Kansas and New Hampshire ban desecration just in the context of flags that a person doesn't own.
Felony vs. Misdemeanor: Illinois is the only state to make flag desecration a felony; every other state makes it a misdemeanor. Wisconsin used to make it a felony, but the entire provision on flag desecration was struck down in 1998. Oklahoma makes it a felony to display any "red flag" or other emblem to incite disloyalty to the government.
Inciting of Violence: Maryland and Arizona are the only two states which limit the crime of flag desecration to those cases where the act might incite violence in others. This appears to acknowledge that people have a free speech right to burn or deface the flag, but then makes the person a criminal if others get so upset that they act violently in response.
Confederate Flags: Georgia, Louisiana, Mississippi, and South Carolina all protect Confederate flags on an equal basis with American and state flags. Thus burning a Confederate flag is the same crime as burning an American flag. Florida used to have similar provisions, but not anymore.
Originally posted by HandyDandy
Originally posted by zedVSzardoz
reply to post by HandyDandy
there are laws covering the flag actually. He should have checked. He didn't do his homework and he now faces the consequences. Seems like an appropriate lesson.
Care to quote said "laws"?
As far as the SCOTUS is concerned it is perfectly legal and constitutional. Show me I'm wrong.....
Supreme Court Strikes Down All Laws Banning Flag Desecration (1989):
Outside the 1984 Republican National Convention in Dallas, Gregory Lee Johnson burned a flag in protest against President Ronald Reagan's policies. He was arrested under Texas' flag desecration statute. In its 5-4 ruling in Texas v. Johnson, the Supreme Court struck down flag desecration laws in 48 states by ruling that flag desecration is a constitutionally protected form of free speech.
Flag Protection Act (1989-1990):
In 1989, the U.S. Congress protested the Johnson decision by passing the Flag Protection Act, a federal version of the already-struck state flag desecration statutes. Thousands burned flags in protest of the new law, and when two protesters were arrested, the Supreme Court affirmed its previous ruling and struck down the federal statute.
Flag Desecration Amendment (1990, 1995, 1997, 1999-2000, 2001, 2003, 2005-2006):
Congress has made seven attempts to overrule the U.S. Supreme Court by passing a constitutional amendment making an exception to the First Amendment in order to allow the government to ban flag desecration. In 1990, when the amendment was first brought up, it failed to achieve the necessary two-thirds majority in the House. After the Republican congressional takeover of 1994, it has consistently passed the House but failed in the Senate.
Originally posted by HandyDandy
reply to post by goou111
You people remind me of Muslims and desecrating THEIR symbols......
Originally posted by zedVSzardoz
reply to post by HandyDandy
48 out of 50
hmmm
and was it all laws NO
State flag-protection laws
Although the U.S. Supreme Court has twice invalidated state flag laws, 47 states still have on the books laws, many modeled after the Uniform Flag Law of 1917, that prohibit the desecration of the flag or its use for advertising and publicity purposes
Originally posted by AfterInfinity
reply to post by goou111
I hope he never gets to teach again and im glad the students told on him
For stomping on the American flag? You're over reacting, I think.
Honestly, we need a new national symbol anyway. I'm thinking a condom would do nicely...edit on 10-1-2013 by AfterInfinity because: (no reason given)
