The U.S. Flag Code, established on June 14, 1923, is a set of laws regarding etiquette and usage of the flag, including anti-desecration laws. Hanging a flag upside-down is a military sign of distress, so to many Americans, especially war veterans, a civilian hanging a flag upside-down to make a statement is extremely disrespectful and unpatriotic. But should it be illegal?
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| Brubaker's Flag |
In the 1989 case Texas vs. Johnson, where a man burned the American flag, the Supreme Court invalidated such laws, since they violated the First Amendment. Congress responded by passing the Flag Protection Act, which made flag desecration a federal crime. The Supreme Court promptly struck down the constitutionality of the law in the United States vs. Eichman case of 1990.
Essentially, the U.S. Flag Code is an antiquated set of "laws" and should be seen as just a set of guidelines for etiquette. For example, one of the rules in the code states that the use of the flag for advertising purposes is prohibited. However, this rule was invalidated early on when politicians wanted to use the flag's image in their campaigns. The American flag is widely used today as an image or symbol on clothing and advertisements. Even though the code has been ruled unconstitutional, some states, like Pennsylvania, still treat the code as a law. For the entire U.S. Flag Code, see: http://www.ushistory.org/betsy/flagcode.htm
This is really interesting, Robert! I had no idea that the Flag Code was struck down, I thought it was still in effect. This is an interesting case of patriotism vs. freedom of speech that still doesn't really seem to be resolved. It seems weird that we can spew hate against the government all across the internet and that is within our first amendment rights, but when someone wants to use a flag to make a legitimate protest it's considered illegal. Definitely an antiquated law that inhibits freedom of speech.
ReplyDeleteI agree with Maya, this is a really interesting demonstration of the rift that can arise between patriotism and freedom of speech. However, I think that it is important to respect the flag, even if you aren't the biggest fan of the country, as a symbol of others' beliefs. Like Robert mention, people such as war veterans put a lot of stock in the flag as a symbol of something they believe in, similar to religions who hold certain symbols as holy. People rarely use religious symbols as ironic protest like mentioned here out of respect for what others believe in. Because of this, if nothing else, I think that any protest using the flag should be carefully considered.
ReplyDeleteI find it interesting that you compare the belief that people hold in the flag as akin to religious belief. I understand the point of view you are coming from here when you say that "as a symbol of others' beliefs" the flag should be treated with respect, but by comparing it to religious views aren't you also then pointing out another violation of rights due to the flag code. If the american flag is akin to religion then people in the US should not be forced to show it respect and reverence just because some people feel it is holy. Doing that would be akin to requiring everyone to bow when they saw a christian church, which would be a violation of American's constitutional rights.
DeleteThe law is definitely antiquated. If we have laws outlawing this, which is a form of freedom of speech, then I think that we definitely have some things to sort out! It's almost somewhat authoritarian...
ReplyDeleteThis is a very interesting post, Robert. I don't know about the rest of you, but I was taught never to ever let the flag touch the ground. Over time, this became a bit of a joke whenever someone was handling a flag, but I see here where its principles come from. I also find it interesting how the Supreme Court and Congress seemed to be locked in this struggle. I feel like the Supreme Court is representing the logical side: that there is no way that these laws are justified by the Constitution. On the other hand, Congress is representing the emotional side of many Americans, a sense of patriotism which longs to see the flag respected. Does anyone know if other countries have flag codes as well?
ReplyDeleteIndeed, many other countries either have their own flag codes, or just a set of laws to prohibit desecration (e.g. dragging on the ground & burning). Some countries, like Germany, China, and Austria, can fine and imprison citizens for desecrating flags in public. However, other countries, such as Canada, Mexico, and Australia, don't press criminal charges.
DeleteDo you believe the regional variance in law enforcement in the same country is just? How can hanging a flag upside down be illegal while burning it is excused by the supreme court? Is hanging a flag upside down as offensive as flying the Confederate flag?
ReplyDeleteWhile it is not even debatable that the laws are antiquated, the principles guiding them have solid roots. As Maya stated earlier, the rift between patriotism and freedom of speech is the guiding thought here, but it also showcases the rift between the power of the Supreme Court and the power of Congress. It seems to call back to Andrew Jackson. "Marshall has made his decision, now let him enforce it."
ReplyDelete