Classic case: "the case" USA flag burning (lower) [Zhang Qianfan's English]

  • Created:
  • / Author: Aaron Lewis

Judge Kennedy (J.Kennedy) endorsed the views:
This case can show the most use of judicial power are often difficulties......Although symbol often is of our own manufacture, the flag has expressed the American shared beliefs--The maintenance of law, peace and freedom of the human spirit belief. In this case the decision forcing us to admit that these beliefs. A painful but the basic fact is: the flag protection those who despise it.
Justice Rehnquist (J.RehnquistThe opposition):
More than two hundred years, as a symbol of our country USA flag and occupy the one and only position; this uniqueness for the government to provide reason to prohibit the burning of the flag, in this case Jansen similar behavior......Both in peace and war, the flag symbolizes our country. From Capitol Hill to the thousands of local courts and city hall, in ships, aircraft and military bases, the flag symbolizes our country exists. The two sides of the national flag is placed in the prominent position in our court. In the annual Memorial Day (Memorial Day), numerous national flag was placed in the tomb of the dead relatives. According to tradition, the flag covered at the armed forces officers and soldiers killed on the coffin, and then be handed over to their families......The United States flag identifying trade ships, and"No matter where the flag flying, federal laws protect our business".
No other USA symbol, is also popular and flag of honor.1931Years, Congress announced"The star spangled banner will never fall"As our national anthem......The misuse of Congress and the states have formulated various laws to control USA flag. Until1947Years, Congress is still the flag to control misuse of the left to the states. But now the federal law:"Any person who discloses damaged, defiled, faded, incineration or trampling any states flag, and deliberately said contemptuously to it, should be no more than1000Dollar fine or a year in prison."[With the exception of Alaska and Wyoming, states are now banning flag burning law.]
Therefore, in our entire history of more than two hundred years, America flag becomes manifest obvious symbol of our country. Ann doesn't represent any particular political views, but competition is acknowledged in the marketplace of ideas. Regardless of whether they have any social, political or philosophical belief, tens of thousands of Americans said an almost mystical reverence for him. I can not agree with, the1The amendment will overturn the public burning of the flag of the act of Congress and the conviction48A state law.
[Speech]Of course not absolute freedom. In the"Provocative statements"In this institute, agreed that: even if the14Amendment of the text and to the most popular, free speech rights are not at any time and occasions are absolute. To prohibit and punish some are precisely defined and strictly limit the type of speech, was never made any constitutional issues. They include obscene, profane, slander and insult or'Provocation'Speech; these comments will cause harm, or easy to incite immediate disturbing the peace. This kind of speech is not a necessary part of any ideas, and to obtain the truth of social value is not enough, any benefits from them that, are clearly superseded by the social benefits of order and moral.
This also can say, Jansen publicly burned America flag, is not a necessary part of any ideas, and may also incite to disturb public order.[In many kinds of possible"Symbolic speech"In the way,]Dezhou law only deprived of a not very clear symbolic form of protest; this form of protest deeply offended many people. Dezhou law allows all other forms of symbolic speech, all conceivable oral speech, to express his deep dissatisfaction with national policy.[Take the constitution to extend protection to flag burning behavior, will restrain the original purpose of government organization.]I think, in the case of Dezhou law should be sure.
Judge Stevens (J.StevensThe opposition):
The flag represents a symbol, not just"Ethnic and national unity". It also represents a special historical choice of the symbol of the social values and motivate these ideas grow sturdily.[Flag of the United States]Not a proud symbol of the courage, determination, and the prototype of thirteen states into natural wisdom of world powers. It is a symbol of freedom, equality of opportunity, religious tolerance and other people's good intentions. The symbol of the information passed to the dissidents at home and abroad--Although they may be the unity of our country or survival no profit.
As a symbol, the flag value is inestimable. I have no doubt, to maintain the value of public interests is an important and legitimate......No matter people, for those who cherish the flag performance concept or for those who expect to put on the cloak of by burning martyr people, such as the flag desecration publicly expressed support, it will damage the value.[On the other hand,]To use other ways of expression--Including the use of speech--To criticize the flag of freedom of speech, the burden of not worth mentioning; provide reasons for it does not damage the flag value......
The defendant is accused of its choice to express dissatisfaction with the way the policy.[Quality maintenance of the wealth of the country, it is a legitimate interests; it is[The laws of Dezhou]Provide a reason to ban. The concept of freedom and equality has been encouraging the American leaders]The irresistible force. Our history shows that these ideas deserve protection; therefore, the flag as a unique symbol of these concepts, is worth being protected from unnecessary profaning.

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________

More exciting, "" ""