Research

Just one topic that I have been interested in for a long time.

The American Flag and the Anti-Desecration Amendment

Purpose:

Additional curriculum for J50 includes a "treasure hunt." Students were to pick a topic and research it using the Internet and different search engine tactics, keywords and operators. We were to tone our search skills.

We were evaluated on keywords, UNC library sources (both citation and style), electronic indexes and databases, web sources and the quality of our overall work.

I chose my topic because the issue and debate over flag burning has been an interest of mine since I was in eighth grade and was assigned an art project based on the 1st Amendment. Using what I had learned in American Government, I conducted a little research and decided to construct a paper flag and then burn the edges.

Back then, I wasn't sure how I felt about flag burning. I still don't today. Sometimes I think I am even more confused now, as to which side of the argument I am on. But I love exploring other people's thoughts and opinions. Who knows? Maybe someday I will come up with my own?

The American flag, the official national flag of the United States, is also referred to as “Old Glory.” While the origin of this name is unknown, the origin of the actual flag is deeply embedded in our nation’s history as its most patriotic symbol and what it represents. I first became interested in this controversial issue in eighth grade when my art class was assigned a project based on the First Amendment and free Expression. The topic was introduced in a previous history class and I integrated the two classes for my project, which was a collage of American flags that I burnt partially when completed.

So what does it mean when this ultimate symbol of liberty is burned as a form of expression, a freedom that is protected under the First Amendment of the United States Constitution? Several instances have occurred in history in which individuals with feelings of contempt have desecrated the one thing that represents our nation to the entire world. It has been difficult for the U.S. Supreme Court to finalize a decision in the great American flag desecration controversy— so much so that the Court, whose sole purpose is to uphold the Constitution, reversed its decision that flag burning was unconstitutional under the First Amendment.

The issues: Should the United States adopt an anti-flag burning amendment? Why does burning of the American flag seem to provoke such an emotional reaction in so many Americans? Could flag burning laws be justified as an attempt to prevent breaches of the peace?

The intended audience for this particular topic is limitless. At one time it was for a professor of censorship. However, it will be of most interest to Americans who have a deep patriotism and spirit for the United States, as well as those who hold the Constitution as the ultimate source of authority.

Print sources:

Goldstein, Robert Justin. Burning the flag: the great 1989-1990 American flag
desecration controversy. Kent, Ohio: The Kent State University Press, 1996. Call No. CR113 .G568 1996.

Goldstein, Robert Justin. Desecrating the American flag: key documents of the
controversy from the Civil War to 1995. Syracuse, NY: Syracuse University Press, 1996. Call No. KF5150 .D47 1996.

Goldstein, Robert Justin. Saving “Old Glory”: the history of the American flag
desecration controversy. Boulder, CO: Westview Press, 1995. Call No. CR113 .G57 1995.

Luckey, John R. Texas v. Johnson: flag desecration and the first amendment.
Major studies and issue briefs of the Congressional Research Service. Washington, D.C.: Congressional Research Service, Library of Congress, 1989. Texte-fiche. Call No. JK1108 .M35 Suppl. 1989/90 reel 1.

Platte, Vastine Davis. Flag desecration and flag misuse laws in the United States.
Major studies and issue briefs of the Congressional Research Service. Washington, DC: Congressional Research Service, Library of Congress, 1995. Texte-fiche. Call No. JK1108 .M35 Suppl. 1995 reel 8.

Riley, Gail Blasser. Censorship. Library in a book series. New York: Facts on
File, 1998. Call No. Z658.U5 R55 1998.

Non-print sources:

Allen, Natalie and Bob Franken. (June 24, 1999). "House Passes Amendment
Banning Flag Desecration" [Live Report]. CNN Today. Available: Academic Universe Lexis Nexis [Accessed: 17 September, 2001]. Transcript # 99062406V13.

Rather, Dan. (June 11, 1990). "Court Decides Flag Protection Law is
Unconstitutional" [Newscast]. CBS Evening News. Available: Academic Universe Lexis Nexis [Accessed: 17 September, 2001]. Transcript # N/A.

Academic Universe Lexis-Nexis Sources:

Goodale, James C. (May 14, 1990). "On the politics of the flag case." New York
Law Journal [Online Database], 203(92), 2. Available: Infotrac
[Accessed: 17 September, 2001].

Haines, Martin L. (November 6, 2000). "The Patriotic Flag-Burner." New Jersey
Law Journal [Online Database], 162(6), 31. Available: Infotrac [Accessed: 17 September, 2001].

Luckey, John. (May 21, 2001). "Flag desecration and the First Amendment." CRS
Review [Online Database], 10(8), 12-13. Available: Academic Universe Lexis Nexis [Accessed: 17 September, 2001].

Michelman, Frank I. (July, 1990). "Saving Old Glory: On Constitutional
Iconography." Stanford Law Review [Online Database], 42(6), 1337-1364. Available: Infotrac [Accessed: 17 September, 2001].

US Congress. House of Representatives. House Committee on Judiciary."To
Preserve the Purity of Our Flag." [Online Database]. 65th Cong., 65-2nd Sess., 23 January 1918.

US Congress. Senate. Senate Committee on Military Affairs. "American Flag."
[Online Database]. 57th Cong., 57-1st Sess., 20 February 1902.

US Congress. House of Representatives. House Committee on Judiciary."To
Prevent Desecration of the Flag and Insignia of the US and To Provide Punishment Therefore." [Online Database]. 74th Cong., 74-1st Sess., 6 March 1935.

Web Sources:

Citizens Flag Alliance. http://www.cfa-inc.org. A site devoted to the protection
of the American flag. It offers information about the CFA, Inc.; who they are, what they believe, pressing issues, news, and how to get involved. This is a very strong site advocating for an anti-desecration amendment to the US Constitution. Source: Citizens Flag Alliance, Inc.

Exploring Constitutional Conflicts.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/flagburning.htm. A look at what constitutes “symbolic expression” and the issue of whether or not “the First Amendment allows the government to punish individuals who mutilate flags,” or “engage in other acts deemed disrespectful of patriotic symbols?” This page has links to four major US Supreme Court case overviews and opinions. Source: University of Missouri-Kansas City Law School.

Free Speech. http://www.aclu.org/issues/freespeech/flag.html. This site
explains, in detail, the ACLU’s stand on desecration of the American flag and maintains the importance of individual rights and liberties. It also offers information and resources on how to get involved in the flag desecration/free speech issue. Source: American Civil Liberties Union – Freedom Network.

The Constitution of the United States of America.
http://ww1.access.gpo.gov/GPOAccess/congress/senate/constitution/amdt1.html. The full text of the US Constitution. It contains lengthy resources and notes on the articles of and amendments to the Constitution. Source: US Senate.

The Flag-Burning Page. http://www.esquilax.com/flag/. A page that clearly
favors the right of individuals to burn the American flag. It offers an extensive bibliography on references and political cartoons illustrating the pro-desecration opinion. The history of flag burning is brief, but has the necessary information on both sides of the issue, with links to articles and editorials written/published about the page and the various awards it has received. Source: Warren S. Apel.

Mini-Essay:

Who Decides When the Supreme Court Can’t?

In 1990, after the United States Supreme Court reversed its decision that burning an American flag was unconstitutional (1), the issue of whether or not desecration of the national flag is protected by the Constitution ignited much controversy.
Prior to this decision, the Supreme Court ruled that “symbolic expression” (a phrase often used to describe expression that is mixed with elements of conduct) (2) may be protected by the First Amendment. Since then, advocates for preserving the country’s national and international symbol have proposed several anti-flag burning amendments in both Houses of Congress. None have passed.
The American flag, the official national flag of the US symbolizes this nation’s past: 13 stripes that symbolize the thirteen colonies that constituted the US, and 50 stars, each representing a state of the Union. According to the Constitutional Congress, “White signifies purity and innocence; red, hardiness and valor; and blue, vigilance, perseverance and justice” (3). It is commonly referred to as the Star-spangled Banner, the Stars and Stripes, or “Old Glory.”
The flag’s reflection of the “Old World” (4) and the origin of the country, our founding fathers and our past signifies patriotism, liberty, spirit and unity for many. However, the Constitution defines basic human rights and civil liberties in particular one’s freedom of expression. It is here that the line between what is and should be protected, and that which should not be, becomes blurred.
So who is right? The ultimate answer lies in the hands of the US Supreme Court, founded to protect the Constitution and maintain its principles.

NOTES:
(1) Gail Blasser Riley, Censorship, Library in a book series. (New York:
Facts on File, 1998).

(2) Exploring Constitutional Conflicts. “A look at what constitutes ‘symbolic
expression.’” Source: University of Missouri-Kansas City Law School.

(3, 4) Robert Justin Goldstein. Desecrating the American flag: key documents
of the controversy from the Civil War to 1995. (Syracuse, NY:
Syracuse University Press, 1996).

WEBSITES:
Citizens Flag Alliance. http://www.cfa-inc.org. A site devoted to the protection
of the American flag. Source: Citizens Flag Alliance, Inc.

Exploring Constitutional Conflicts.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/flagburning.htm.A look at what constitutes “symbolic expression.” Source: University of Missouri-Kansas City Law School.

Flag of the United States.
http://encarta.msn.com/find/print/asp? An introduction to the flag of the United States, its origin and development. Source: Encarta Online Deluxe