Flag Protection Act of 1989 Essay Example | Topics and Well Written Essays - 1250 words

Flag Protection do of 1989 - Essay Example(2) This subsection does not prohibit each conduct consisting of the disposal of a masthead when it has become worn or soiled.(c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any(prenominal) State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section.(d)(1) An appeal may be interpreted directly to the Supreme act of the get together States from any interlocutory or final judgment, decree, or order issued by a United States district tourist court ruling upon the constitutionality of subsection (a). (2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the set and expedite to the greatest extent possible. 1989 - Subsec. (a). Pub. L. 101-131, Sec. 2(a), amended subsec. (a) generally. earlier to amendmen t, subsec. (a) read as follows Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.Subsec. (b). Pub. L. 101-131, Sec. 2(b), amended subsec. (b) generally. Prior to amendment, subsec. ... any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both. Subsec. (b). Pub. L. 101-131, Sec. 2(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows The term flag of the United States as used in this section, shall include any flag, standard colors, ensign, or any picture or federal agency of either, or of any part or parts of either, made of any substance or represented on any substance, of any size seemingly purporting to be either of said flag, standard, color, o r ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may take the same to represent the flag, standards, colors, or ensign of the United States of America. Subsec. (d). Pub. L. 101-131, Sec. 3, added subsec. (d).SHORT TITLE OF 1989 AMENDMENTSection 1 of Pub. L. 101-131 provided that This Act (amending this section) may be cited as the Flag Protection Act of 1989 1.Texas v. JohnsonIn first 20 years, the Act was upheld by the local courts and Supreme Court refused to notice it, but then in 1984, during the Republican National practice in Dallas, Johnson set the flag on fire during the protest. He was convicted of desecration and was sentenced one year in prison and was also fined $ 2000.00. The case went to Supreme Court which affirmed this decision. As a result of this, Congress enacted the Flag Protection Act 1989, according to which, the countrys flag should never be desecrated in any form