Political Review One: Flag Desecration and Freedom of Speech

Introduction

Due to massive immigration, urbanization, and industrialization, America underwent rapid social change during the first two decades of the twentieth century. Relatedly, key shifts in the economy prompted labor unrest and various strains of political radicalism. Efforts to shield the flag quickly extended beyond promoting national pride to protecting domestic tranquility against sedition, treason, and anarchy (Greenawalt p. 89). There are many instances where the court rulings have discouraged flag burning as a formidable act. In this essay, I examine the different arguments for and against flag desecration as a practice of free speech.

Protecting flag desecration as free speech

Between the First World War and the Vietnam War era, there were very few prosecutions for flag desecration, even during World War II. Ironically, it was at the height of U.S. involvement in the Second World War that incidents involving Jehovah's Witnesses generated enormous public outrage culminating in vigilante violence. In what has been characterized as compulsory patriotism during World War II, many school districts required students to salute the flag while reciting the Pledge of Allegiance as part of the daily ritual to inculcate loyalty to the country (Luckey p. 64). The act of saluting a flag, however, conflicts with the religious beliefs of the Jehovah's Witnesses, who regard such gestures as idolatry. Adhering to their religious convictions, Jehovah's Witnesses instructed their children not to salute the flag, even though it was required by school-district policy (Goldstein p.35). Staunchly enforcing the flag-saluting requirement, educators began expelling from school the children of Jehovah's witnesses; more than 200 were suspended in twenty states. Labeled as unpatriotic, Jehovah's witnesses faced fierce hatred and discrimination in their communities, where vigilante mobs persecuted and attacked them.

The decision invalidated laws in 48 of the 50 states. However, the issue ...