112k views
2 votes
What do you think about the LEGAL difference between burning a flag and burning a draft card? Explain your answer.

a) Freedom of Expression
b) National Security
c) Symbolic Speech
d) Civil Disobedience

User Rynhe
by
8.3k points

1 Answer

2 votes

Final answer:

The legal difference between burning a flag and burning a draft card lies in the protection under the First Amendment. Burning a flag is considered symbolic speech and protected, while burning a draft card is not protected as a form of expression.

Step-by-step explanation:

The legal difference between burning a flag and burning a draft card can be explained through the concepts of freedom of expression, national security, symbolic speech, and civil disobedience.

Firstly, burning a flag is considered symbolic speech protected by the First Amendment, as ruled by the Supreme Court. This means that the act of burning a flag is seen as a form of expression, even though it may be offensive to some individuals.

On the other hand, burning a draft card is not protected by the First Amendment. In the case of United States v. O'Brien, the Court stated that burning a draft card is not a form of expression and can be restricted because it is directly linked to a significant governmental interest in maintaining an efficient and effective military draft system.

User Thomas Ruiz
by
8.3k points

No related questions found

Welcome to QAmmunity.org, where you can ask questions and receive answers from other members of our community.