Question - Congress has twice passed statutes making it a crime to burn the American flag as a way of protesting government policies. Many states have enacted similar laws. The Supreme Court has overturned them all as violations of the First Amendment. This is a very divisive and emotional issue for many Americans.
a) Why did the Court rule that burning the flag is a form of protected speech? Explain.
b) Why does a state not have the power to make burning the flag a violation of state law? Explain.
c) If there were a national consensus that burning the flag should be an exception to the First Amendment, how. would that have to be enacted into law? Explain.
d) Do you think that burning the flag should be an outlawed form of political protest or not? Please explain your position fully.