What question does the Supreme Court ask when considering whether an act such as flag burning should be considered speech?
The Court first considered the question of whether the First Amendment to the United States Constitution protected non-speech acts, since Johnson was convicted of flag desecration rather than verbal communication, and, if so, whether Johnson’s burning of the flag constituted expressive conduct, which would permit him …
Is it against the law to deface the flag?
18 U.S. Code § 700 – Desecration of the flag of the United States; penalties. Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
Is burning a draft card protected speech?
The act of draft card burning was defended as a symbolic form of free speech, a constitutional right guaranteed by the First Amendment. The Supreme Court decided against the draft card burners; it determined that the federal law was justified and that it was unrelated to the freedom of speech.
Why is it illegal to burn a draft card?
Burning draft cards was a criminal offense Burning draft cards was ipso facto illegal because all eligible men were legally required to carry their draft cards with them at all times.
What is the O’Brien test?
The O’Brien test is thus: The law in question must. be within the Constitutional power of the government to enact. further an important or substantial government interest. That interest must be unrelated to the suppression of speech (or “content neutral”, as phrased in later cases)
Who won the United States vs O’Brien case?
The Court decided both actions together and, in a 7–1 decision, upheld the constitutionality of § 462(b)(3), vacated the First Circuit’s decision and reinstated O’Brien’s sentence.
What does it mean for a flag to be dipped?
To dip a flag that is being carried means to lower it by turning it forward from an upright position to 45° or horizontal. This is done as a sign of respect or deference. At sea, it is done by lowering to half-mast and returning to full mast position.
Does the US Flag Code specify how the stars are arranged?
The national standard was not a reference to the national or naval flag. The Flag Resolution did not specify any particular arrangement, number of points, nor orientation for the stars and the arrangement or whether the flag had to have seven red stripes and six white ones or vice versa.
How are the 50 stars arranged on the US flag?
The Flag of the United States of America consists of 13 equal horizontal stripes of red (top and bottom) alternating with white, with a blue rectangle in the canton bearing 50 small, white, five-pointed stars arranged in nine offset horizontal rows of six stars (top and bottom) alternating with rows of five stars.
What is the US flag with a circle of stars?
Betsy Ross flag
| Use | |
| Proportion | 10:19 |
| Design | Thirteen alternating red and white stripes, a blue canton with thirteen 5-pointed stars arranged in a circle |
| Designed by | Various |
Who designed the current American flag?
Robert G. Heft
Was the US flag designed by a 17 year old?
The designer of our current flag was a 17-year-old Boy Scout named Robert Heft. Robert arranged it with five rows of six stars and four rows of five stars, spending 12 and a half hours sewing the flag.
What flag is blue with stars?
The European flag symbolises both the European Union and, more broadly, the identity and unity of Europe. It features a circle of 12 gold stars on a blue background. They stand for the ideals of unity, solidarity and harmony among the peoples of Europe.
What is the naval flag called?
war ensign