Well happy Independence Day, here we are on the 4th of July 2016. What a crazy year 2016 has shaped up to be so far. It seems every day there's a radical Islamic terrorist attack somewhere in the world. It seems like every day more and more attacks on freedom in general are occurring. I look around and I see a breakdown in our society here in the United States. I see a breakdown of will to preserve a free nation and what it stands for. We have politicians calling for the erosion of the Constitution and our Bill of Rights. Attempting to strip us of our Second Amendment rights, are due process rights. Over the past many years through overregulation and the EPA they have even found ways of compelling us to unwillingly surrender our property rights. We live in extremely troubled times. Exercising our First Amendment rights are more important now than they ever have been. That being said I believe the definition of free speech as it relates to the First Amendment is being abused now more than it ever has been. This has been done because of a poorly made Supreme Court decision from 1989. In the specific instance that I'm referring to of course we find ourselves at the debate of… Burning the American Flag. This debate has gone on for many years and there are many arguments on both sides. For many years it was illegal and considered a crime to desecrate the flag of this nation. This was finally tested in 1989 in the landmark case Johnson v Texas. The Supreme Court ruled in favor of flag burning in a 5–4 decision. One notable conservative that fell on the side of flag burning is the late great, Antonin Scalia. He believed it if it was up to him personally that he would've thrown every scruffy bearded, sandal wearing hippie that burned the flag in prison. But it was his judgment that he was not a king and did not have the right to make that decision. The decision found that burning the flag in the manner that Johnson did was a direct protest against a political party. And that this form of protest did not constitute a breach of the peace. I completely understand and in some ways I can agree with that decision. My agreement is purely based on the fact that Johnson was not attempting to breach the peace. Johnson was in fact protesting the RNC. Scalia chose to not write a dissent in this case. He seemed to have regrets over the years when he was pressed on this decision. However he always came down the same way. In this RARE instance I partially disagree with Justice Scalia. Johnson burned the wrong flag, he should have burned the flag with the symbol for the Republican party. The American flag belongs to all of US not just those on the RIGHT. I totally agree with protesting against political regimes and individuals. I do not however agree that this applies to a seditious call to action against the nation as a whole. This is a disturbance of the peace that we all have a right to. One needs to only look at the context of the incidents surrounding most flag burning. Look at the motivations and positions taken by the individuals involved, listen to what they chant for. They aren't calling for free speech, they aren't calling for freedom in any way. They are calling for the oppression of the rights of others while they burn the flag. They are calling for the suppression of American values as well as the downfall of the Nation for which it stands. Not "The President" not a specific politician, but for unrest and the destruction of peace in our society. it is simple to come to this conclusion when one sees the activity that follows and precedes flag desecration. Typically non peaceful riots and anti American sentiment. Not anti-Republican or anti-Democrat, anti-American. This is done in a hostile environment and along side hostile rhetoric. The image above was during Riots here in the United States. The image below was right before the seizure of the US embassy in Iran. There are several others, the flag burning was used as a rallying cry or a call to action against the USA. So should there be exceptions to rules or laws? Sure, often times there are. I believe that however there are many cases when this shouldn't happen. The Johnson V Texas case had a very strong dissent written by an amazing man. Chief justice William H. Rehnquist wrote the dissent in this case which read as follows. "The American flag, then, throughout more than 200 years of our history, has come to be the visible symbol somebody in our nation. It does not represent the views of any particular political party, and does not represent any particular political philosophy. The flag is not simply another "idea" or "point of view" competing for recognition in the marketplace of ideas. Millions and millions of Americans regard it with an almost mystical reverence regardless of what sort of social, political, or philosophical beliefs they may have. I cannot agree that the First Amendment invalidates the act of Congress, and the laws of 48 to 50 states, which make the criminal public burning of the flag" Chief Justice Rehnquist also cited the 1984 Supreme Court decision the city Council of Los Angeles versus the text Paris for Vincent that "...the first amendment does not guarantee the right to employ every conceivable method of communication at all times and in all places" Also, in the justice Stevens dissent it is pointed out that "the flag is more than a proud symbol of courage, determination, and the gifts of nature that transformed 13 fledgling colonies into a world power. It is a symbol of freedom, of the equal opportunity, of religious tolerance, and of good Will for other peoples who share our aspirations… The value of the flag is a symbol cannot be measured." In justice Stevens conclusion he wrote, "The case has nothing to do with disagreeable ideas. It involves disagreeable conduct that, in my opinion, diminishes the value of an important national asset." He makes the case the Johnson was not punished because of the "opinion that he had" but because of means that he chose to express it. Even to this day the majority of states still support a ban on flag burning. Many individuals in my generation I've been brainwashed to believe that it is free speech to desecrate the very symbol of our nation. I however I'm going to make an alternate case. My assertion is that burning the American flag of the United States of America, is in fact a call to action to create public unrest against the nation itself and not the ideas of any individual, party or political expression. Protest against political parties, write articles, march in the streets, peaceably assemble in large groups and scream to be heard. That is not the same thing as burning the flag, that act is against the nation as a whole. I believe this to be Sedition. I have formed this opinion over the past many years by closely taking a look at the people who choose to burn the American flag. And not only who chooses to burn the American flag but the stated motivation behind that action. It is true that several occurrences of flag desecration are attempts to protest a specific administration or political decision. I do believe however the vast majority of of flag desecration acts are not meant to be forms of peaceful protest, but in fact a call to action against a very people who defend the flag. The call to action against the people who have pledged their allegiance to the flag. As well as a call to action against the Constitution, the Bill of Rights and the very people of the republic we call the United States of America. The vast majority of flag desecration acts are an attack on the nation itself not the political scene, and attack on our freedom, our way of life. This act, I believe is a call to ask for everyone that sees it, to rise up against the nation for which it stands. There have been several flag desecration amendments they typically will pass in the house but get defeated in the Senate. I believe that in today's global climate that this should be brought up again. I believe the case should be made that it is used by our enemies as a call to action against us as a nation. That the symbol of our flag is and apolitical symbol, it represents all of us. And burning the flag should be seen as a rallying cry to the enemies of freedom to rise up against all of US. Just because something is "legal" today doesn't meant that it is RIGHT. Just because something is "legal" today doesn't mean we should lay down and stop fighting. The flag has bee protected from desecration for hundreds of years. Only recently was this manipulation of the constitution stuffed down the throats of our public. If we as a society stop in our efforts to protect the flag now then we are lost. This is more than a clever design, or catchy branding. This is the very symbol that we as children and public officials pledged allegiance to everyday. I choose to not lay down, I choose to stand for the flag. I believe that it is more than fabric, it is the very symbol of freedom that this nation stands for. An attack on the flag is an attack on US all. “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." God Bless you all, Happy independence Day. May God Bless America
STAY RIGHT Doug Coon |
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STAY RIGHT
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