My 'right' to burn a flag....where do I stand??

[nostalgicaboutmyfutr]

I need some clarification on something....

Do I have a "right" to burn an American flag in protest? Is flag burning considered part of my free speech?

Is there any Federal law prohibiting that?

Is it possible that individual states or even counties/cities has rules against burning a flag?

If i was protesting "politely", and decided to burn a flag to emphasise my point, what, if any restrictions are there?

Thanks for the feedback...

[Cats Against Frist]

1. Well, I've always found it highly ironic

that the supposed "symbol of our great freedom," has to have an authoritarian law -- and not only that, but a Constitutional Amendment passed to keep anyone from fully celebrating the glory that is our "freedom."

Don't try to wrap your mind around it. The right-wingers are authoritarians. And I have NO IDEA what's up with Dennis Kucinich.

[Itchinjim]

4. So when did an amendment banning flag burning pass?

I must have missed that one.

[Cats Against Frist]

7. No -- I didn't say it passed -- I just meant that it has been proposed

and actually introduced, if I'm not mistaken. But I could be. But I KNOW that it hasn't passed.

[MADem]

9. This has been coming up off and on since Vietnam

My view--it is a bit of cloth, a representation, an icon. Far better to burn a flag than light buildings on fire. Quite frankly, though, I think flag burning doesn't 'do it' in getting the point across. It just seems mean-spirited to me. It's as though the person is saying that this nation cannot be saved, so destroy it.

For people looking to get other people upset, it works, but it doesn't draw anyone to their cause, IMHO. Even people who support the goals of protesters often think 'whoa, nellie' when they pull out the Bic lighter and go for that.

I like humor in protesting, myself. If someone had a giant blowup doll of the boyking, and someone dressed like the Pope were paddling the bare ass of the doll, giving it a good spanking with a "NO WAR" paddle, that would make me laugh. Burning the flag just seems like it is designed to piss people off, but not really draw anyone to their point of view. I never thought it "worked," if you know what I mean....

[KansDem]

12. Yes, it is a weak flag that needs protection from itself... (nt)

[eridani]

15. Whassup with Kucinich--

He explained that in a radio interview on KUOW. Seems that one of his brothers is permanently institutionalized because of experiences in Vietnam. This brother has not had the slightest interest in any of Dennis' political career, except on one occasion. He called and asked Dennis to support the anti-flag burning amendment.

I'd call that a great illustration about how leading from the gut makes for atrocious public policy, myself. Even the best of our pols are not immune to it.

[Warpy]

2. Yes, you do, but it's an incredibly stupid tactic

that will make you a whole lot of enemies rather than making a point. That's why so few are burnt in protests in the US unless they're being barbecued by right wing plants.

Congress is still trying to get a constitutional amendment against flag burning passed, again an incredibly stupid thing to do since most flag burnings in protest that people see are OUTSIDE THE US!!

They'll have to change the official manner of disposing of torn or stained flags if that sucker passes, because right now, one has to BURN THEM.

[nostalgicaboutmyfutr]

6. So I DO have a right to burn a flag.....

unless the constitutional amendment passes....it is not currently law, right?

I just wanted to clarify whether i can go burn a flag right now.

BTW, I have no plans to burn a flag, just wanted to clarify the current environment regarding flag burning. I has to do with a discussion with some colleagues

[MADem]

10. If you insist upon that (IMHO) rather ineffectual form of protest

...check to see if you need a permit for an open fire. That's how they resolve that issue in many localities. The flag isn't the problem, the open fire without a permit is.

[Charon]

23. I do have

I would not say that you have a "right" to burn the flag, only that it is not illegal for you to do so.

[sendero]

20. I agree...

... there are lots of things I think should be legal to do that I would never do.

Burning the flag? Why? It's not America I have a problem with and its certainly not the flag. It is merely a few sociopaths who have hijacked our government.

They will not be there forever, America will, I hope.

[Gyre]

24. I agree.

At this point in time, it's not only going to get the cops salivating to see your grey matter, but it could also get media coverage that will be used against your own movement. Don't go there.

Gyre

[lenidog]

3. Technically there is federal laws on the books that are decades old

that deal with how to treat and present a flag that could be used to bust you. Though no one has ever enforced them. So you are pretty safe. I do believe it is your right to burn an American flag under the First Amendment. Personally I don't like the idea. I am a bit old fashioned in the sense that you show any flag of a nation whether its American, Russian, Bhutanese, etc with respect and dignity. Therefore flag burning for me is not an option.

[klyon]

21. Is it respectful or dignified to wear a flag on your ass, shoulder,

hat, pants, bumper, car antenna?
I am a bit old fashioned too and I believe if one side is going to wave it as the number one patriotic symbol then they should be prepared to see it used to make the other side's points as well.

Symbols can be used by both sides.

KL

[NEDem]

5. Yes you have the 'right' .

And I support your right to do it.

However, if you do torch one you should understand that in this extreme nationalistic time we live in you are very likely to get your butt severely kicked by some very large rednecks. While their actions may be illegal (IE. kicking your butt), don't expect them to be punished for it, the courts will see you as the criminal.

[brainshrub]

8. Yes, you have the right. However, it's a stupid thing to do.

Burning a flag in an invitation to violence and does nothing more than justify the oppositions hatred of you.

Having said that, the day they make flag-burring illegal, I will be burning flags at every opportunity.

Flag burning WILL be a big issue in 2007. (In 2006 the Republicans will win the seats in the Senate to make a filibuster-proof majority, the following spring is when they will pass a flag-burning law.)

[Warren DeMontague]

14. Flag burning will only be a big issue

if the "right" of pharmacists to hold womens' birth control prescriptions hostage doesn't work up the fundy base enough.

[ayeshahaqqiqa]

11. Actually, you are supposed to burn the flag

if it has become ragged, torn, or soiled. The American Legion has a pamphlet on flag etiquette (at least they used to). I recall they said that it was disrespectful to bury an old flag or throw it away, and that the proper form of disposal was burning. I believe that, from time to time, veteran's organizations have aired PSAs asking people to bring them soiled/ragged flags for this form of disposal.

Because of this, I've always wondered if the vets would be arrested if the flag burning amendment passed....or would it mean it would be better to throw the flag in the garbage?

[Warren DeMontague]

13. better to burn a flag than to trash the constitution it represents

by limiting free speech..

In answer to your question, barring local fire hazard ordinances, you're most likely talking about something that is constitutionally (for now) protected speech.

But as far as PR goes, it's probably not a good move.

[amjucsc]

16. You have a right to burn the flag...

It is protected under the first Amendment.

(See the supreme court decision Texas vs Johnson)

However it is possible that you could be prosecuted under some unrelated statute (violating city clean air ordinances, etc). And passersby might well not respond well to such action, so I wouldn't advise it.

[Clark2008]

17. You know, if all I had to worry about in this life is whether some

yahoo or otherwise burned a flag, I'd be set.

Seriously, I have never gotten this issue.

A flag is a piece of cloth. It symbolizes something great and that something great is being torn far more asunder than fire to linen.

Put aside flags and the word "God" on coins and let's get to work on bigger issues.

Who cares about your right to burn or not burn a flag when the entire media belongs to the corporations?

[Cats Against Frist]

19. It's called "sentimentality"

What the wingnuts fail to realize is that the emotions they feel when doing the "9-11 Never Forget" jingo, and crying over a burning flag is the same kind of emotion that we feel when we see a poor child or get nostalgic about labor history.

But, of course, I wouldn't expect that to register with them.

[mikelewis]

18. I wish you wouldn't but I wouldn't stop you...

To me the flag isn't a symbol of American Empire and Global Domination. I know it's being used to seek those ends but that's not what it was intended to mean. Regardless of the reality, it is the folklore that gives birth to a nation. The old stories of George Washington chopping down the Cherry Tree and the Shot Heard Round the World. These are what the flag stands for to me. I'm not a corporate giant or an evil politician, I'm just a person who believes in what the flag is supposed to reflect. I guess it boils down to whether or not you can believe in the goodness of a country and the ideals that they are supposed to uphold and oppose the people who want to use that ideal for material gain. I love my country. I'm not very happy with how we have been behaving lately but the history both good and bad is sewn into the fabric of the symbolism that flag represents to me. It's not what is that I see, it's what should and could be. So, yes, you are allowed to burn our flag. If I saw you doing it, I wouldn't try to stop you. There's no law against it. I just wish you wouldn't. Just because so many have given up on what it was intended to stand for doesn't mean I have. They day I burn my flag is the day I give up on the dream, no matter how removed from reality it may be.

[Slyder]

22. Disrespect for the flag

I would not myself burn a flag or participate in such activity. I respect what it stands for. Flag burning is a weak and inflammatory protest that puts more attention on the flag than on what is being protested. But I would prefer this protest not be illegal.

However, if we are going to go with the "nuclear option" with a constitutional amendment, I am in favor of the death penalty for flying the flag in the rain!