Introduction to the Controversy
President Donald Trump has hinted at how he could arrest flag burners despite a decades-old Supreme Court ruling that the act is protected by free speech. Trump told reporters that he would argue "incitement of violence" to go after those who burn the American flag. He believes that burning the flag incites violence and causes unrest.
The Supreme Court Ruling
In 1989, the Supreme Court ruled in a 5-4 decision that flag burning is a form of "symbolic speech" protected by the First Amendment. This decision was made after Gregory Lee Johnson burned an American flag outside the 1984 Republican National Convention in Dallas, Texas, in protest of President Ronald Reagan’s policies. Johnson was convicted of violating a Texas law prohibiting the desecration of the American flag if it was likely to incite anger.
Trump’s Plan to Arrest Flag Burners
Trump said that he wants anybody who burns the American flag to "go to jail." He signed an executive order to "restore respect and sanctity to the American Flag and prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent permissible under any available authority." Hours after Trump signed the executive order, a man who identified himself as a 20-year combat veteran stood in Lafayette Square just outside of the White House and burned an American flag.
Reaction to Trump’s Plan
The man who burned the flag was arrested for violating a ban on lighting a fire in a public park. Trump told reporters that he thinks flag burning incites violence and that he will argue this point to go after those who burn the flag. He said, "You know what hasn’t been argued, and we’re going to be arguing, and I think, very soon, and that’s the violence. I will say it incites violence."
The First Amendment and Free Speech
The majority of the Supreme Court said that freedom of speech protects actions Americans may find offensive, but their outrage alone does not justify suppressing free speech. This decision emphasizes the importance of protecting free speech, even if it involves actions that some people may find disturbing or offensive.
Conclusion
The controversy surrounding flag burning and free speech is complex and contentious. While Trump believes that flag burning incites violence and should be punishable, the Supreme Court has ruled that it is a form of protected speech. The debate highlights the importance of balancing individual rights with national interests and the need to consider the potential consequences of suppressing free speech. Ultimately, the decision to punish flag burners or protect their right to free speech will depend on how the law is interpreted and applied.
