damnation.creative

After marching through the streets, Johnson burned an American flag while protesters chanted and watched. No one was physically injured or threatened with injury, although some of the bystanders were seriously offended by Johnson's act of burning the American flag. Johnson was convicted of desecration of a venerated object in violation of a Texas statute, and a State Court of Appeals Affirmed this ruling. He was sentenced to one year in jail and assessed a $2,000 fine. However, the Texas Court of Criminal Appeals overturned the ruling, claiming that the State, consistent with the First Amendment, could not punish Johnson for burning the flag under these circumstances. The court concluded that the State could not criminally sanction flag desecration in order to preserve the flag as a symbol of national unity. It also held that the statute did not meet the State's goal of preventing breaches of the peace, since it was not drawn narrowly enough to encompass on those flag burnings that would likely result in a serious disturbance, and since the flag burning in this case did not threaten such a reaction. After the courts reversal of the conviction, the case went to the Supreme Court. The question this case brings to light,

"Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?"
(SOURCE)

Personally I think that it should be considered as a form of speech protected under the First Amendment. I think that in this particular situation the fact that he was offending people could be deemed as disturbing the peace, but under no circumstances do I believe there should be a law making it illegal to burn the flag. Another question this cases poses

"Does First Amendment rights of personal expression supersede state's rights to regulate unity and ensure peace?"
(SOURCE)

I believe that any constitutional right should supersede any State law prohibiting an individual from carrying out their constitutional rights, and if a Federal Law can supersede a State Law our constitutional right should be held in the same regard.