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Sunday, April 19
The Indiana Daily Student

Arrest a violation of rights

On Oct. 2, David Stoud of Noblesville was arrested for committing an act that most Americans, including myself, would find disgraceful. Stoud was arrested for, and charged with, among other things, burning an American flag.\nUpon hearing this story, I couldn't help but be sad for multiple reasons. It disappointed me that someone would desecrate a symbol of a country that I believe is so great. But, that wasn't my only cause for concern. Above all else, it saddened me that this country, which prides itself on freedom and justice, would defy the Constitution and arrest a man for expressing his beliefs.\nIn 1989, the Supreme Court ruled that flag desecration was speech protected under the first amendment. The ruling has been unpopular among Americans, but it is, none the less, the law of the land. It is because of this that I was shocked to learn that Indiana and 47 other states have laws banning flag desecration. \nIn extending the right of freedom of speech to all people, the Court reaffirmed this country's greatness. They said that a country can only be free if it allows dissent. Many people would say that allowing flag desecration is unpatriotic, but this group would likely not include the ultimate patriots; the founding fathers.\nTo understand why, it is necessary to look back to Revolutionary times. The United States was formed because people spoke out against a tyrannical government. The government was tyrannical, they reasoned, because it would not listen to the people's complaints. The founders, then, persuaded the masses that the colonies should become free and independent states. If the founders had not spoken out against the British government, the U.S. flag might still carry the Union Jack in the upper left corner.\nNow I'm not saying that our government is tyrannical by any sense of the word. It is the very freedom and lack of tyranny that makes the United States the subject of the recent terrorist attacks on our freedom. But when the government goes against the Supreme Court and arrests people for expressing their opinion, the government begins to become tyrannical.\nThe U.S. flag symbolizes the great freedoms Americans have. It enjoys nearly unanimous respect, and it has earned this respect on its own. The flag does not need a law to protect it, and the Supreme Court recognized this while making its ruling protecting flag desecration. \nIn this ruling, Justice William Brennan wrote that by prosecuting flag desecration, "One's response to the flag burner may exploit the uniquely persuasive power of the flag itself." This quote makes clear how strong of a symbol the flag is. It does not need to be protected; protecting the flag would be sullying it. Rather, we let the flag survive on its own and this independence makes the flag more respected and stronger.\nThe laws in Indiana and 47 other states which ban flag desecration are not helping the cause of patriotism. By prosecuting Stoud for burning the flag, we are prosecuting a man for merely expressing his opinions. Is this freedom? I think not, rather it is an erosion of the freedoms contained in the First Amendment. The actions of flag burners are, indeed, sad; but when a government is not mature enough to respect the opinions of everyone, it has taken sad to a whole new level.

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