Flag Burning AmmendmentYep folks, it’s that time again…according to the Plain Dealer,
it’s that time when the idea of a Constitutional Ammendment against flag burning (desecration) is brought up in Congress. The last time this issue came up was back in 2000 and before that 1995 (only to fall four votes and three votes short of the needed number in the Senate both times).
A brief recap of the laws regarding flag burning/desecration. The Supreme Court ruled 5-4 in
Texas V. Johnson 491 U.S. 397 (1989) that basically the desecration of the US flag, if done without phyisically harming anyone, is protected free speech as covered by the First Ammendment. (I’ve linked to the text of the decision, should anyone with to read the whole thing). Basically the court said that flag burning was “expressive conduct” because it was an attempt to “convey a particularized message.”
Now I personally disagree with the SCOTUS ruling, as I think flag burning is offensive and degrading and is an insult to the nation. I believe that buring the flag dishonors what our nation stands for. I also believe that it is an insult to all those who have made sacrifices to protect the flag and what it stands for, in some cases paying the ultimate price. (that’s the “condensed” version of my beliefs).
The reason I bring this issue up is in reference to another case decided 6-3 earlier this year
VIRGINIA v. BLACK et al 01-1107 (2003). In this case, the SCOTUS basically said that VA’s law, against cross burning was indeed constitutional, because the law can ban cross burnings (in this case KKK ones) that are intended to intimidate.
Now don’t get me wrong, I loate the KKK as much if not more than the next person, however, the SCOTUS has set up an interesting dilema for itself. It seems like the court somewhat contradicted itself saying that Flag burning is okay while cross burning isn’t. How come the Klan was able to march through Skokie, IL all those years back then?
My problem is with the fact that many see the desecration of the US flag as intimidation and a sign of mal intent–and following the
VA v. Black ruling, such speech should be banned. I think that this recent ruling curbs free expression, which is troublesome (note: I still loathe the KKK and I condemn what they do). It’s as someone wrote in the latest issue of
Concord Bridge (Brandeis’ only conservative-libertarian publication–shameless plug)
wrote a piece on this rulingNow in my eyes, going along with the courts’ latest ruling, I think that Flag desecration should be outlawed as it is an example of “hate speech” and intimidation in the eyes of many. As such, right now, I’m leaning towards the belief that the ammendment should pass (note: I may waver though).
What do you think?