Flag Desecration and Fighting Words

Paper Summary:

This paper provides a thorough analysis of the landmark case involving flag desecration, Texas V. Johnson, and the idea of flag desecration as fighting words. In order to argue for the recognition of flag desecration as fighting words, which are federally recognized elements of speech that by their very utterance incite a breech of the peace, the author first makes a clear and concise argument for flag desecration as symbolic speech.

From the Paper:

"In 1892, New York Baptist minister, Francis Bellamy wrote a few heartfelt words into his prayer book. The short prayer was to express his appreciation of the freedoms provided for in his beloved country, America. Today we know that short prayer to be the Pledge of Allegiance. For more than one hundred years, American school children, new American citizens and men and women of the military have recited the patriotic prayer to show their loyalty to America. And although the recitors of the "pledge" face an American flag, the pledge is not of allegiance to the flag, but to the United States of America. In fact, Bellamy wrote that while thinking of the pledge his emphasis was on "the republic for which it stands." (Baer) We may further understand that the republic by his definition, is synonymous with America."

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