United States versus Eichman, United States versus Haggerty, Texas versus Johnson: all cases argued freedom of speech under the First Amendment. The Amendment says, Congress shall make no law abridging the freedom of speech, or of the press.
United States versus Eichman
Unites States versus Haggerty
Texas versus Johnson
The Supreme Court holding on Eichman says:
The government’s interest in preserving the flag as a symbol did not outweigh the individual right to disparage that symbol through expressive conduct.
Law and life make a depth of recondite detail the Supreme Court has the expertise firmly to deliberate. The linguist I am — and a person opposed to burning the Flag — I analyze the wording and reckon. The Supreme Court recognized the Flag as a symbol. What does a national flag symbolize? The country, the people, the language.
A national flag does not correlate with authorities only.
Even if you do not like anybody around, would rather live in a tent, make own clothes, and hunt for food ― all that to liberate yourself of American capitalism ― there is still cause and effect.
There never could be the Constitution ― what follows, the Amendments ― without the people who fought for American freedom, also in Fort McHenry. The Flag symbolizes them too, and the Anthem continues the memory.
Further, can we have an act of burning for a speech act?
Wikipedia, Speech act
Is there a speech sound produced, if people sit silently by a campfire, warming hands? Might there be spoken, written, or printed language for flames alone to bring? Could the crackling and hissing make stanzas, quatrains, epodes? Could we hear an anacrusis?
Language can be some art too, and a national Flag symbolizes also language. Within, as well as outside the USA, American English is the closest association. You wouldn’t say that Spanish comes from the USA.
The First Amendment says that people have the right to freedom of speech. The Amendment does not say, *Congress shall make no law abridging expressive conduct, and that quite fortunately: human expressive behaviors are a very wide spectrum part of which may belong under legal limitations, being no language at all.
At the same time, I do not hold on to the term of “flag desecration”. The word desecration suggests abuse on sanctity. Flags are for people, and I hope the matter may become allowed in the people’s hands: a general vote could bring the resolve.