Politics

Should flag burning be protected speech?

WRITTEN BY
06/27/25
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Fact Box

  • The US flag is a symbol of freedom. Its 13 red stripes, whose color stands for valor and bravery, and 13 white stripes, whose color stands for purity and innocence, represent the original 13 colonies. The blue background with the 50 stars represents America’s 50 states. Blue stands for vigilance, perseverance, and justice.
  • The first iteration of the American flag is believed to be sewn by a Philadelphia upholstery named Elizabeth “Betsy” Ross during the Revolutionary War, and is called the “Betsy Ross flag.” It features 13 five-pointed stars in a circle over a blue field with alternating red and white stripes. 
  • The flag was last modified on July 4, 1960, when Hawaii was officially added as a US state and a 50th star was added. 
  • The Supreme Court ruled in two cases, Texas vs. Johnson (1989) and United States vs. Eichman (1990), that burning the American flag is not a crime but protected by the First Amendment.
  • A 2020 YouGov poll found that nearly half of surveyed Americans (49%) believe flag burning should be illegal.

Haley (No)

The American flag symbolizes American citizens, our people, our unmatched freedom, and our long history of getting to where we are today as a country. Disrespecting the American flag, which represents the only country in the world that offers its citizenry the most freedom and liberties compared to all other countries, is offensive and nonsensical. 

The United States flag symbolizes our country’s unity and respect. Flag burning is a disrespect towards the nation as well as its citizens and values

Flag burning can pose a threat to public order as it can cause immense emotional reactions, which can often lead to violence. Prohibiting the act of flag burning can help prevent major conflicts. You do not have to disrespect the United States by burning the flag to get your point across. There are alternative solutions to flag burning and numerous other ways to express criticism, such as public speeches, protests, and, in some cases, art. The entire point of a protest is to have your voice heard and to create changes that need to be made. However, if you are burning the American flag as a form of protest, you are only creating conflict between your message and the people you want to listen to you. 

America is all about standing up for what you believe, but if you disrespect the flag and what America stands for, you will only create more anger and rage. Find strategies to get people to pay attention to you without inciting hostility and resentment if you want your message to be heard. In America, there is no other way to protest effectively and with respect than that. That's how change gets made.


Andrew (Yes)

Over thirty years ago, the Supreme Court ruled correctly that flag burning is protected by the right to free speech. Burning the flag is a statement of strong sentiment, and while it may offend some, offensiveness isn’t the measure of what is considered protected free speech. To deny it as speech would mean someone somewhere in power would be indiscriminately deciding where to draw the line on what is allowed and what is forbidden. They would decide what is offensive, a dangerous precedent that could chill free speech. Banning one form of expression is a slippery slope to widespread oppression and censorship.

Burning a flag is a symbolic action and our flag is nothing more than a symbol of our nation. Many people hold the flag dearly, but at the end of the day, it is just a symbol. Though these sorts of demonstrations can be distasteful, they can be useful pressure valves for those who feel oppressed by the government or the dominant groups in society. It is better to have small, symbolic actions than actual acts of violence. 

Finally, protest is, by nature, disruptive and offensive to some. Burning a flag is a powerful statement that individuals make when they feel those in power do not acknowledge their needs. Criminalizing forms of protest like flag burning silences minority views and eliminates a powerful method of communication. Free speech is the bedrock of our democracy and one of the fundamental rights that makes our nation great. Protecting the right to burn a flag strengthens our nation by showing that we don’t compromise on our fundamental principles; we extend them in all circumstances.

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