The burning of American flags has been a form of protest protected under the First Amendment since 1989. But the debate was reignited early Nov. 29, 2016, when presidential candidate Donald J. Trump tweeted that “Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or jail.”
Tori Robinson
“I believe that it should be illegal to burn the American flag. One, I think it is very disrespectful; why would you want to live some place that you don’t have respect for. Consequence wise, I think a $1,000 fine would be an appropriate amount for that offense.”
"I believe it should be illegal to burn the American flag, but without jail time or punishment. A fine of $500 seems reasonable to me.”
Tori Robinson
"Burning of the American Flag should definitely be illegal. It represents who we are as Americans. Anyone who burns the flag is disrespecting everyone who's fought for this nation. Anyone caught should get arrested, post-bailed, and then fined $500."
Rianna Middleton
“It’s kind of a trick question. If the flag is burned properly by the US government, it’s alright. It’s not alright for a big group to sit there and burn the flag because they hate the president. They shouldn’t be able to step on it either.”
Rianna Middleton
“It should be illegal because it represents our country. They’re saying it’s okay to destroy our nation and that it doesn’t matter.”
Rianna Middleton
“It should be legal because it’s free speech. It’s not that it’s important, but we have the right to do it. I would never do that, but other people should have that right. This is America.”
Brandi Scarber
Suzanne Levy: “I think burning the flag should be protected on the First Amendment rights. It’s free speech. It’s my opinion versus what the stupid president thinks. If it’s protected by the courts and as long as it’s not hurting or impinging on anybody else’s rights, it’s my right to burn the flag. It’s my right not to stand for the national anthem if I feel imposed by it. It’s free speech.”
Brandi Scarber
Diamond Tyus: “No, it is a freedom of speech. It is seen as deviant or not socially accepted, but I don’t think it should be a law that says you can’t do it, it’s just not socially accepted. I don’t think there should be a punishment for it. Not everybody agrees with how America’s system is operated.”
Brandi Scarber
“It’s distasteful, but no, I don’t think it should be illegal, just like I don’t think any other form of social or political protest should be illegal. It may not be to my taste, I may not agree with whatever the larger issue is that the group has, but no. We live in a democratic society and I believe that people should have the right to protest and attempt to effect change through protest.”
Provided by Jacob Hemingway
"That is the symbol of our nation. Like that’s what we’re kinda founded on and you respect the flag. There’s rules in place that you have to have it put up at night, it can’t touch the ground. I believe that it something that should be respected. There are rules in place because of that. If you think about it, if a police officer is killed on duty, you are given a flag in their honor, because they were serving their nation." What should be the punishment? "Either a very hefty fine or at least an evening or two in prison or jail."
Harrison Kushner
Devyn Ferguson: "I don’t necessarily have a discreet option, but I definitely think it’s wrong, that you shouldn’t do that because it’s very disrespectful to our country. But at the same time, it can be taken as a form of freedom of speech. But I still think it’s wrong."
Harrison Kushner
"Well, I don’t think that it should be illegal because we have the right to, our freedom of speech, the first amendment. But, I think it is the biggest way to disrespect our country, like honestly, even if you don’t agree with who’s president or what’s going on, it’s the most basic representation of [the United States of] America. And burning it is insanely disrespectful."
Jerry Liu
Peyton Picard: "Flag burning should be illegal because the flag stands for our country and all the citizens. It's disrespectful to do such behavior. The punishment could be fine or jail time."
Jerry Liu
Grace Clark: "Flag burning should be legal because according to our Constitution, freedom of speech is protected by the First Amendment and everyone has the right."
Jerry Liu
Lauren Kruggel: "Flag burning should be legal because it's people's right to express their opinions."
Jon LeBlanc
“I just think that it’s another form of freedom of speech,” MSU hospitality business senior Vinci Chen said. “I definitely think as a citizen of the U.S., you have a right to criticize your own nation because I feel that how the entire nation was built off of. Maybe flag burning isn’t the best way to go about it, but I still don’t think it should be illegal.”
Jon LeBlanc
“I feel like legal is the wrong word,” media and information senior Ryan Oh said. “It’s definitely frowned upon, but I don’t think it should be against the law. Marilyn Manson I think said it, but 'We put a meaning into a object’ and at the end it’s just an object that represents something. Burning ... it’s a way to portray what they want to say.”
Jon LeBlanc
“I think it’s fair to criticize your own country," computer science sophomore Connor McDougall said. "It’s like the anti-immigration protests … it’s similar to flag burning in the way that obviously something is wrong and it’s a way that people can protest.”
Anna Liz Nichols
"The flag burning...I don't know what you're solving. I feel like my project is working towards something and solving something. Burning the flag and saying screw you America, no, I love America. America grants me the freedom to do that."
Anna Liz Nichols
“I have never really thought about it before, because as a group the MSU Young Democratic Socialists focuses on actions that are accessible for students and to all students. It's just not something I've seen a lot of recently. It's not something we've talked about recently. So we focus more on, definitely pamphlets, educational workshops (like this one), marching, protests, things like that, that more students can get involved in.”
Anna Liz Nichols
“I've always thought it should be legal. I used to be politically more conservative and now I'm more of a hard-core progressive. Even then I'm just like, let them burn the flag, why do I care...it's a symbol, it should be respected, but it's just a piece of cloth at the end of the day. As for now my view really hasn't changed and for me the flag doesn't hold any significance to me, I don't hate it but, I just don't care much for it and I think freedom in this country is contingent on examining the significance that is attached to the flag in terms of it standing for freedom, land of the free, home of the brave and testing whether America really stands up to that or holds up to that. Because, if it doesn't, then the flag is empty, the meaning of the flag is empty. So I think it's very very important that there not be this compulsory nationalism, this compulsory patriotism and people be allowed to determine for themselves whether the flag is worth respecting.”
Jason Shindler on burning the American Flag: "It is highly offensive, but that isn't a justifiable reason to deem something illegal, and using such arguments to make something illegal could destroy the right to speak out against the government, which is a fundamental value this country was established on."
Eli Dunninger
Sammi Williams on flag burning in the U.S: "It's disrespectful... but it's a free country where people can express themselves however they see fit."
"A flag may be a symbol of a country, but what makes a country great are the actions and words of its people." Johann Marasigan in defense of the people's 1st amendment rights
Kendall Ashman
“It is just a piece of cloth,” Bob Czuprnskr said. “If our Country is truly as strong as it should be, burning the flag will not be a threat to our democracy or our liberties at all.”
Kendall Ashman
“I think burning the American flag should be illegal, because it shows disrespect for our government,” Melissa Johnson said. “if someone is burning a flag for no reason then there should be a fine.”
Kendall Ashman
“It should be legal to burn the American flag but I think it is over the top,” Michigan State alumnae Denise Busman (on the left) said. “I think it is not the right way to speak out, I would expect it to be ticketed, but not put in jail. Maybe a $500 fine would be appropriate.”
Whitney McDonald
Beth Vermeulen: “I don’t think I would do that. I love America, but I do respect our right of freedom of speech. That’s who we are and that’s why we're here. I don’t think I would do that because I love America. As a free speech thing, who am I to stop that?”
Whitney McDonald
Jeffrey Johnston: “Considering the era I grew up in, I think it’s a person’s right if it’s their flag to display it or not any way they want. It’s their First Amendment right, it’s been determined as such by the Supreme Court which, like it or not, sometimes you’re required to adhere to that. So I’m not in favor of taking away those rights.”
Whitney McDonald
Audrey Richmond: “I personally wouldn’t burn the American flag to protest something. I don’t think that is a well-received messaged by most people and I think it's counter intuitive to try to move things forward, but I do think people should have the right to do it.”
Hussein Alrishood
Nahlah Alriahi: “I am allowed to wear a hijab in this country so I think other people should be able to burn American flags if that’s what makes them happy.”
Hussein Alrishood
Trinidad Martinez: "I think it should not be illegal to burn American flags. This country was built on the foundation that anyone can express themselves and that’s what makes this country great.”
Ali Lutfi: “It definitely should be illegal to burn American flags. This country gave me the opportunity to follow my dream and it shouldn’t be disrespected in that way. As far as a punishment I think a large fine would suffice.”
Rachael Harris
" Yes, burning the American flag should be illegal. The flag represents where we live ... Those individuals should definitely be fined. Hitting the in their pockets would most definitely make them reconsider doing it again."
Rachael Harris
" Yes, out of respect for this country, flag burning should be illegal ... They should be fined, hit them in the wallet. That'll make them stop."
Rachael Harris
"Yes, it should be illegal because it represents the United States ... Community service, make them work for their punishment."
Bailey Laske
“It is in my opinion and what I would think is the Constitutional opinion of the United States that it is completely 100% legal. It is an act of free speech. As long as that flag burning is not violent toward another person it is still free and protected speech.”
During the first week of Trump’s presidency, a dozen protesters from that incident were in a Cleveland courtroom facing misdemeanor charges of incitement and failure to disperse.
The history of flag burning and the First Amendment is explained by the National Constitution Center. According to its website, flag burning became a top issue almost 50 years ago during the in 1968 when, amid flag-burning protests of the Vietnam War, Congress adopted the Federal Flag Desecration Law.
States, Congress and federal judges continued to debate the shape of what that meant until Gregory Lee Johnson burned a flag outside Dallas City Hall in 1984. He was convicted of breaking a Texas state law against desecrating the American flag and sentenced to a year in prison and fined $2,000. His case went to the U.S. Supreme Court.
The court ruled 5-4 in 1989 that burning the American flag was symbolic speech and protected by the First Amendment.
Justice Anthony Kennedy wrote, “Though symbols often are what we ourselves make of them, the flag is constant in expressing beliefs Americans share, beliefs in law and peace and that freedom which sustains the human spirit. The case here today forces recognition of the costs to which those beliefs commit us. It is poignant but fundamental that the flag protects those who hold it in contempt,” he said.
In his dissent, Chief Justice William Rehnquist wrote “I cannot agree that the First Amendment invalidates the Act of Congress, and the laws of 48 of the 50 States, which make criminal the public burning of the flag.”
That ruling covered only Texas, and the U.S. Congress responded with the anti-burning Flag Protection Act of 1989. The Supreme Court ruled the new law unconstitutional in 1990.
These are reactions MSU journalism students gathered in January, 2017.
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