The American Flag is described as the most sacred and cherished symbol of national freedom, identity, and strength. Many Americans have fought and died to preserve the flag and the political union it represents. Flag desecration is characterized as uniquely offensive, a statement of contempt, hostility, and violence that can incite riots. Flag burning can be used by foreign groups to intimidate Americans because of nationality. Supreme Court precedent generally protects flag burning as expressive conduct, but acts likely to incite imminent lawless action or that amount to fighting words are not constitutionally protected. Recent arguments rely on the fighting-words doctrine and misinterpret Texas v. Johnson.
Our great American Flag is the most sacred and cherished symbol of the United States of America, and of American freedom, identity, and strength. Over nearly two-and-a-half centuries, many thousands of American patriots have fought, bled, and died to keep the Stars and Stripes waving proudly. The American Flag is a special symbol in our national life that should unite and represent all Americans of every background and walk of life.
It is a statement of contempt, hostility, and violence against our Nationthe clearest possible expression of opposition to the political union that preserves our rights, liberty, and security. Burning this representation of America may incite violence and riot. American Flag burning is also used by groups of foreign nationals as a calculated act to intimidate and threaten violence against Americans because of their nationality and place of birth.
Notwithstanding the Supreme Court's rulings on First Amendment protections [Ed. Note: Hoo, boy.], the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to fighting words is constitutionally protected. I await eagerly the Executive Order that declares desecrating the flag by using it to beat up police officers to be illegal.
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