The United States Constitution; Higgledy-Piggledy?

The United States Constitution; Higgledy-Piggledy?

Congress and/or the states should not have the power to prohibit the physical desecration of the United States flag or set criminal penalties for doing so. Firstly, this would abridge the first amendment's freedom of speech. Secondly, it would eliminate the principle of "inclusiveness" that the flag represents. Thirdly, it would create a situation in which the constitution would no longer be able to rise above political and popular extremes for the duration in which it was intended.

The first amendment was created by the founding fathers to secure the fundamental right of the freedom of speech, without fear of prosecution, whether that "speech" is popular or not. If flag desecration were prohibited, an American citizen would not have the opportunity to voice an ultimate non-violent message of disagreement about a U.S. government policy. At the core of our first amendment's right of freedom of speech, lies the philosophy that no government should become so powerful so that it could no longer be governed by the people. Thus, taking away a person's right to protest against governmental policies, is in fact eliminating the most crucial element of democracy.

Historically, burning the American flag on the steps of a government building has been a very successful tool in gaining attention. In many protests during the Vietnam War, sentiments against the war gained mass media attention. Attempts were made by Congress between the 1960's and the 1980's prohibiting flag desecration. Those laws were deemed unconstitutional by the U.S. Supreme Court in the landmark decisions of Texas v. Johnson and United States v. Eichman. If Congress had succeeded in its position on flag desecration, then if one were to burn the American flag in protest of the Iraqi War today, that person would very likely be imprisoned. Freedom of speech is what sets our country apart from other nations, and has over the decades only served to make our country one of the most recognized form of government in the world.

Some people, in fact the majority of Americans today, take issue with the fact that flag desecration is protected under the constitution, and would like to see a constitutional amendment prohibiting such acts of expression. Although the American Flag ignites our patriotism, the flag, more importantly, represents a philosophy of inclusiveness. By amending the constitution so that unpopular speech would not be tolerated or protected, it would take away a basic and critical right that this country has defended and enjoyed for over two-hundred years. Justice William Brennan, writing for the majority in Texas v. Johnson said that "The principles of freedom and inclusiveness are what the flag best reflects". He went on to state that "We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that it represents." He further crystallizes this argument when he stated in States v. Eichman that "The first amendment was not created to protect popular speech because popular speech by definition does not need protection." Inclusiveness must mean including all ideas, all opinions, from all people in all states. Including, tolerating,