In our U.S. Constitutional Law class, the idea of flag burning has a special place in our discussion of freedom of speech. It's special because: 1) Congress tried twice to outlaw burning the American flag and failed both times because the Supreme Court said such a ban violates constitutional rights ; and 2) this example illustrates just how far reaching the right to free speech is in the United States. I've never really given much thought as to what other countries do with this issue. Can one burn the German flag in Germany? I don't know. How about in the U.K.? Up until today I didn't know the answer to this question either. But it appears the answer is YES, one can burn the Union Jack and not be prosecuted. But that may change. According to the BBC, Scotland Yard is floating the idea of a flag burning ban under the guise of curbing violent protests. Does the simple act of burning a flag amount to violence? Should this be protected as speech under all circumstances? We will discuss this further in U.S. Constitutional law next semester, but in the meantime, it's food for thought. And anyone who had British Constitutional Law last semester, feel free to explain (using the comments feature on this blog) whether such a law would be upheld by the British courts. I simply don't the answer, but I'm curious.
30 October 2006
Flag Burning Ban Floated in U.K.
In our U.S. Constitutional Law class, the idea of flag burning has a special place in our discussion of freedom of speech. It's special because: 1) Congress tried twice to outlaw burning the American flag and failed both times because the Supreme Court said such a ban violates constitutional rights ; and 2) this example illustrates just how far reaching the right to free speech is in the United States. I've never really given much thought as to what other countries do with this issue. Can one burn the German flag in Germany? I don't know. How about in the U.K.? Up until today I didn't know the answer to this question either. But it appears the answer is YES, one can burn the Union Jack and not be prosecuted. But that may change. According to the BBC, Scotland Yard is floating the idea of a flag burning ban under the guise of curbing violent protests. Does the simple act of burning a flag amount to violence? Should this be protected as speech under all circumstances? We will discuss this further in U.S. Constitutional law next semester, but in the meantime, it's food for thought. And anyone who had British Constitutional Law last semester, feel free to explain (using the comments feature on this blog) whether such a law would be upheld by the British courts. I simply don't the answer, but I'm curious.
