Senate to Debate Flag Burning Amendment... Again
The proposed amendment, though typically referred to as the "flag burning amendment," would not prohibit the respectful burning of damaged American flags, as called for by U.S. Flag Code.
In 1968, flag-burnings related to protests against the Vietnam War prompted the federal government, along with 48 of the 50 states, to enact flag protection laws. These laws were struck down by the U.S. Supreme Court in the 1989 case of Texas v. Johnson, and again in the 1990 case of U.S. v. Eichman. In both cases, the Supreme Court ruled 5-4 that anti-flag burning laws represented unconstitutional restrictions of public expression as protected by the First Amendment.
All 50 state legislatures have passed non-binding resolutions requesting that the U.S. Congress approve the Flag Desecration Amendment and send it to the states for ratification.
Also See:
History of Flag Burning Laws
Amending the Constitution
Comments
Yes the only way to properly dispose of a flag is to burn it…but it is not referred to as flag burning but as a flag retirement. There is protocols and rituals on how to properly retire a flag. I have never heard anyone refer to a flag retirement has a flag burning.
Though the flag is only a piece of cloth it does represent so much more..and for those who have fought hard and for those who have even died so that we may continue to have our freedom, it is important that we show respect to the icon of what they fought for.
Freedom of speech does not encompass flag desecration, in my opinion, just as the right to bear arms means only to defend th country as a whole. I trust the senate will pass the bill.
Sacred objects and objects given due dignity are protected by the respect of those who handle them. Old Glory is everywhere, from bumper stickers to the behemoths hanging over car dealerships. The ubiquity and commercialization of our flag is problematic in its strict consideration for protection by an act of Congress. As much as it grieves me to see it desecrated, I will continue to honor the right of others to do so, because it has become a pedestrian icon of the commercial universe.
This amendment is unnecessary, unworkable and un-American. No other democracy in the world has such a law. Only totalitarian countries e.g. Cuba and China have such a law. Iraq had such a law under Sadaam. I don’t approve of flag abuse but no law is needed to protect our flag. Desecrations occur so rarely with no laws to forbid them that we should be proud of how much our 300 million Americans respect the flag. If this amendment ever passes flag abuse will go up. The law’s sponsors know this.
This law is about free speech as it would only apply to occasions where unpopular speech was accompanied by flag abuse because there has to be something more than burning in order to constitute desecration. Only those people would get arrested. Only them. God save us from tyranny of punishing “only them.” That’s how fascism starts.
I have always respected, honored and pledged allegiance to the flag. This amendment would have been the ultimate desecration of our flag. I pray it will never come forward again. But it will.
I am greatly saddened by instances of US flag desecration. However, I will defend these individuals’ right to do so as a sign of protest. It is one of the great ironies of American citizenship that the rights of protest have been bought and paid for with the blood of patriots.