Protecting the symbol, not the principle, of freedom.
I would never burn an American flag. Ever. I would never dress up in sheets and shout racial epithets at a fellow human being, either. However, as repugnant as those two behaviors might be to most, they are only subjectively so and are no less valid a form of self-expression than a sonnet, a painting or a vapid pop song. In other words: They are protected forms of speech under the First Amendment.
The U.S. House has passed a potential amendment to the Constitution that would allow Congress to ban desecration of the flag of the United States (June 23 article, "House takes step to ban flag-burning"). The amendment seems to have a real chance to pass the Senate as well. If that happens, all that would stand in its way is passage in 38 of the 50 state legislatures. Given the moral fervor that has gripped the country since Sept. 11, 2001, it doesn't seem so far-fetched that the amendment could make it over that not-insubstantial hurdle.
Why do so many fail to see the importance of distinguishing the symbol from the principle?
Let's say the amendment passes. Desecration of the flag becomes illegal. What happens if I burn a flag with 100 stars instead of 50? I'm not burning the actual U.S. flag, just something that looks a lot like it. Or what if my flag has 50 stars and 13 stripes, but is orange, pink and brown instead of red, white and blue? Could I be jailed and fined for burning that? If so, then it's not the flag itself that's being protected, but an avenue of dissent toward one's government that's being blockaded.
And that's about as un-American as you can get.
The Commercial Appeal, June 26, 2005
The U.S. House has passed a potential amendment to the Constitution that would allow Congress to ban desecration of the flag of the United States (June 23 article, "House takes step to ban flag-burning"). The amendment seems to have a real chance to pass the Senate as well. If that happens, all that would stand in its way is passage in 38 of the 50 state legislatures. Given the moral fervor that has gripped the country since Sept. 11, 2001, it doesn't seem so far-fetched that the amendment could make it over that not-insubstantial hurdle.
Why do so many fail to see the importance of distinguishing the symbol from the principle?
Let's say the amendment passes. Desecration of the flag becomes illegal. What happens if I burn a flag with 100 stars instead of 50? I'm not burning the actual U.S. flag, just something that looks a lot like it. Or what if my flag has 50 stars and 13 stripes, but is orange, pink and brown instead of red, white and blue? Could I be jailed and fined for burning that? If so, then it's not the flag itself that's being protected, but an avenue of dissent toward one's government that's being blockaded.
And that's about as un-American as you can get.
The Commercial Appeal, June 26, 2005

