When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.

Discusses laws, court challenges, and issues regarding flag burning in the United States.

Learn about the famous landmark decision concerning freedom of speech and flag burning.

A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.

Responses to flag burning as a particular form of street protest tend to polarize into two camps: one holding the view that action of this sort is constitutionally protected protest; the other, that it is subversive and criminal activity. In this well-researched and richly documented volume, Welch examines the collision of these ideologies, and shows the relevance of sociological concepts to a deeper understanding of such forms of protest. In exploring social control of political protest in the United States, this volume embarks on an in-depth examination of flag desecration and efforts to criminalize that particular form of dissent. It seeks to examine the sociological process facilitating the criminalization of protest by attending to moral enterprises, civil religion, authoritarian aesthetics, and the ironic nature of social control. Flag burning is a potent symbolic gesture conveying sharp criticism of the state. Many American believe that flag desecration emerged initially during the Vietnam War era, but the history of this caustic form of protest can be traced to the period leading up to the Civil War. The act of torching Old Glory differs qualitatively from other forms of defiance. With this distinction in mind, attempts to penalize and deter flag desecration transcend the utilitarian function of regulating public protest. Despite popular claims that American society is built on genuine consensus, the flag-burning controversy brings to light the contentious nature of U.S. democracy and its ambivalence toward free expression. The First Amendment of the U.S. Constitution is often viewed as one of the more unpopular additions to the Bill of Rights. One constitutional commentator underscores this point by noting that the First Amendment gives citizens the right to tell people what they do not want to hear. Flag Burning is a well-written, informative volume suitable for courses in deviance, social problems, social movements, mass communication, criminology, and political science, as well as in sociology of law and legal studies.

Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaultin