The First Amendment and Freedom of Expression
The First Amendment to the United States Constitution is part of the Bill of Rights, adopted in 1791. It protects some of the most important freedoms in a democracy:
- Freedom of speech – the right to express your ideas, even if they are unpopular.
- Freedom of the press – the right of newspapers, books, and media to publish information without government control.
- Freedom of religion – the right to practice any religion, or none at all.
- Right to assemble – the right of people to gather peacefully in groups.
- Right to petition the government – the right to ask the government to make changes or address concerns.
Together, these rights ensure that Americans can express their opinions, criticize the government, and take part in civic life without fear of punishment.
Flag Burning and the First Amendment
Flag burning is a powerful and controversial form of symbolic speech—an action meant to send a political message. In the 1989 Supreme Court case Texas v. Johnson, the Court ruled that burning the American flag is protected by the First Amendment, because the government cannot ban expression simply because many people find it offensive.
This decision does not mean that everyone approves of flag burning. Many Americans see the flag as a sacred symbol of unity and sacrifice. But in a democracy, protecting the right to express unpopular or offensive ideas is essential, because it ensures that all voices can be heard—not just the majority.
1. Key Supreme Court Cases (Quick Summaries)
- Texas v. Johnson (1989): Flag burning = protected symbolic speech.
- United States v. Eichman (1990): Struck down a federal law against flag desecration, reaffirming Johnson.
(Short blurbs help students connect the First Amendment to real-world legal precedents.)
🔹 2. Reflection / Discussion Questions
- Should freedom of speech protect actions that offend many people? Why or why not?
- What are the limits of free speech? (Ex: threats, incitement, obscenity)
- Can respecting national symbols and protecting free speech go together?
🔹 3. “Did You Know?”
- The First Amendment only limits government, not private schools, businesses, or platforms.
- Burning your own flag is legal, but destroying someone else’s property is not.
- About half of Americans in polls say flag burning should be illegal—but the Constitution still protects it.
Learning about cases like Texas v. Johnson helps us see how the Constitution protects even unpopular voices. In a democracy, civic reasoning means balancing respect for symbols with the need to protect freedom for all.”
During European exploration and colonization, people often did not have freedoms—kings and monarchs tightly controlled religion, speech, and political expression.
- In Spain and Portugal, explorers acted under monarchs’ orders and the Catholic Church’s authority.
- Dissent (disagreeing with leaders) could lead to punishment or exile.
- Native peoples had little to no rights under European powers.
By contrast, the U.S. Constitution and Bill of Rights (created much later) set up protections against this kind of unchecked power.
🔹 Classroom Activity: “What If?” Role-Play
- Exploration Context: Ask students: “Imagine you are a sailor on Columbus’s ship, or a settler in Jamestown. Could you speak freely against the king? Could you burn the king’s flag in protest?”
- Answer: No—speech was not protected under monarchies.
- Constitution Connection: Fast-forward to the U.S. Constitution: “How does the First Amendment protect people in ways that Europeans during the Age of Exploration did not experience?”
- Discussion Question:
- Why do you think colonists (many who left Europe for more freedom) eventually demanded protections like those in the First Amendment?
- How does the flag-burning case show the difference between monarchy authority and constitutional democracy?
This is an issue relevant to our times as Trump has recently issued an executive order banning flag burning. https://apnews.com/article/trump-executive-order-flag-burning-4628d588350db4f6baf10ae1d91f49c1