Posted on May 7, 2024
MSG Stan Hutchison
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I see burning our Flag is back. Here is what I think is the proper response:
Posted in these groups: 360511c5 American FlagF811e08a Music
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CPL LaForest Gray
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Stop wearing the U.S. American Flag, Stop wearing flag t-shirts, socks, no more table clothes and stop buying them from stores that just have them bunched together for profit, stop having the flag hang off your pickup truck that the bottom actually rest on the truck bed, also don’t buy ANY vehicles with the flag painted on it civilians or law enforcement. :

https://www.law.cornell.edu/uscode/text/4/chapter-1

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.
(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
(b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
(c) The flag should never be carried flat or horizontally, but always aloft and free.
(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker’s desk, draping the front of the platform, and for decoration in general.
(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.
(f) The flag should never be used as a covering for a ceiling.
(g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
(h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.
(k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.

U.S. Army Veteran
12 1/2 years Honorable Service
ODS Vet : Support Garrison
OEF/OIF Vet : Deployed to Theatre
No Political Affiliation


P.S .

Most flag loving people have NEVER read “U.S. THE FLAG CODE”.

U.S. Flag Code

§7. Position and manner of display

“The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.”

§8. Respect for flag
No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

* The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.

* The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.

* The flag should never be carried flat or horizontally, but always aloft and free.

* The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general.

SOURCE : https://www.military.com/flag-day/us-flag-code.html/amp


[ The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. ]
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CPL LaForest Gray
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V1 : https://youtu.be/DmDm5iRFBE0?si=Wlrg-fABJ2azdDdi


V2 : https://youtu.be/ilXSAKpqFVI?si=w5CTeAgdW659vqYR


V3 : https://youtu.be/ooa7BIXijuM?si=FbRBVywcFSBYDAyG


1.) FIRST AMENDMENT: FREE SPEECH AND FLAG BURNING

The landmark Supreme Court case Texas v. Johnson, 491 U.S. 397 (1989), which deals with First Amendment protection of flag burning as symbolic speech.

When the Supreme Court ruled to allow American flag burning
June 21, 2023 by NCC Staff

On June 21, 1989, a deeply divided United States Supreme Court upheld the rights of protesters to burn the American flag in a landmark First Amendment decision.

Justice William Brennan wrote the majority decision, with Justices Anthony Kennedy, Thurgood Marshall, Harry Blackmun and Antonin Scalia joining the majority.  “Johnson was convicted for engaging in expressive conduct. The State’s interest in preventing breaches of the peace does not support his conviction because Johnson’s conduct did not threaten to disturb the peace,” said Brennan. “Nor does the State’s interest in preserving the flag as a symbol of nationhood and national unity justify his criminal conviction for engaging in political expression.”

Justice Anthony Kennedy, writing a concurrence, spelled out his reasoning succinctly.
“The hard fact is that sometimes we must make decisions we do not like. We make them because they are right, right in the sense that the law and the Constitution, as we see them, compel the result,” Kennedy said. “And so great is our commitment to the process that, except in the rare case, we do not pause to express distaste for the result, perhaps for fear of undermining a valued principle that dictates the decision. This is one of those rare cases.

The battle in the courts about American flag desecration goes back to 1907 when the Court in Halter v. Nebraska upheld a state law that prohibited two businessmen from selling beer that had flag labels on the bottles. In 1968, Congress approved the Federal Flag Desecration Law after a Vietnam War protest. The law made it illegal to “knowingly” cast “contempt” upon “any flag of the United States by publicly mutilating, defacing, defiling, burning or trampling upon it.”

The Court moved closer to the Johnson decision in 1974, when it held in Spence v. Washington that a person couldn’t be convicted for using tape to put a peace sign on an American flag. The decision made it clear that a majority of the Court saw the act as protected expression under the First Amendment.

In 1984, Gregory Lee Johnson burned a flag at the Republican National Convention in Dallas. Officials in Texas arrested Johnson and convicted him of breaking a Texas law that prohibited desecration of the flag; he was sentenced to one year in prison and ordered to pay a $2,000 fine. The Court of Appeals for the Fifth District of Texas at Dallas affirmed Johnson's conviction, but the Texas Court of Criminal Appeals reversed, and the Supreme Court affirmed

In one of his last public events, Justice Scalia explained why he cast the deciding vote in the Johnson case, on the principal of a textual reading of the First Amendment. “

If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag,” Scalia said at a November 2015 event in Philadelphia. “But I am not king.”

SOURCE : https://constitutioncenter.org/amp/blog/when-the-supreme-court-ruled-to-allow-american-flag-burning


2.) Is It Illegal To Burn the American Flag?

Last updated November 14, 2023

Key Takeaways:

* The Supreme Court has ruled that burning the flag in protest is protected free speech.

* The Supreme Court decision struck down state flag desecration laws.

* You can burn your own flag to protest, though you may be prohibited from destroying someone else's property.

SOURCE : https://www.lawinfo.com/resources/criminal-defense/is-it-illegal-to-burn-the-american-flag.html#:~:text=The%20Supreme%20Court%20has%20ruled,down%20state%20flag%20desecration%20laws.
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SGT Unit Supply Specialist
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MSG Stan Hutchison thanks for sharing.
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