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Assignment unit 4 part 1 (38)

Assignment unit 4 part 1 (38)

Q A large group of people gather in front of the Federal Building in downtown Riverside to protest the United States involvement in Afghanistan. The group is chanting and carrying protest signs. The police have blocked their rally from interfering with people that are going in and out of the building on business. One of the protesters tears down the American flag from the flag pole, pours gasoline on it and sets it on fire while the rest of the group chant. The police arrest this protester for "flag burning" The protester argues in Court that the arrest was illegal since flag burning is a form of communication. How should the Court rule and WHY? Do not discuss whether people were injured etc.

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The court should rule in favor of the protester because the Court considers flag burning as a certain form of symbolic speech which is protected under the First Amendment. The flag-burning as per the court is expressive conduct According to the court; the act might be offensive for the society but that is not a justification for suppressing free speech.