Brigham Young University Prelaw Review


Craig Mordock


American Citizens, Flags, American Flag, freedoms


The United States stands apart from many other nations of the world because of institutions which grant American citizens specific freedoms. America's founding fathers drew up the U.S. Constitution to ensure fundamental rights for American citizens. The First Amendment asserts one of these basic rights: freedom of speech and expression. Most Americans respect this freedom, and they revere the Bill of Rights which protects it. Unfortunately, some Americans choose to exercise this freedom in a way that offends other people. Recently, a controversial issue has confronted Congress: should Americans be allowed to express themselves by burning the U.S. flag? A group of Republicans proposed an amendment which would outlaw flag burning. In this article, I will argue that Congress should not ratify an amendment prohibiting physical desecration of the flag of the United States because such an amendment threatens freedoms protected by the Bill of Rights.

Included in

Law Commons