Burning flag as American as apple pie
June 28, 1999
I love America because the Constitution grants special freedoms to its citizens that many countries do not, like protection from unreasonable search and seizure, as well as the right to a fair and speedy trial. In fact, if it were not for the Bill of Rights I’d consider moving to someplace nicer, like Chad or Burma.
But for everything the Bill of Rights guarantees, the crowning achievement is the First Amendment, which says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
When you consider that many governments censor the public press, or roll out the tanks when demonstrators start organizing in the streets, you have to be thankful to live in such a free society where you are allowed to speak your mind.
Keeping that in mind, I cannot fathom a logical reason as to why the U.S. House of Representatives approved an amendment to the Constitution last week that prohibits the physical desecration of the flag. For a nation that cherishes the freedom of speech above everything else, the thought of banning an act of demonstration is repugnant.
But there are those who feel Old Glory must be protected before gangs of hoodlums start rampaging down city streets, torching every flag in sight.
Rep. Randy Cunningham of California stated that “This particular amendment does not enfranchise the First Amendment. They still have full ability to speak, to express themselves in any legal way outside of the desecration of the American flag.”
To me, this sounds more like political posturing before an election year than anything else. Just like the drive to limit violent content in movies.
Sometimes I almost wish there was an intelligence test to vote so the opinion of morons wouldn’t matter.
But my question is, why exactly does our flag need special protection?
I am one of those people who considers Old Glory a fundamental symbol of our nation. I get all patriotic whenever I see the flag flying; it is for that reason I believe burning it should be allowed.
Nothing calls attention to a controversial issue more than when a demonstrator takes a match to a flag.
Even if I personally consider burning our flag something I would never do, I cannot bar other people from their right to free expression. The right to demonstrate takes on many forms and not all of those are pleasant. But I would rather see a peaceful demonstration with burning flags than an apathetic crowd with placards and cheesy slogans. Or, for that matter, an all-out riot.
People forget that 30 years ago blacks were arrested for peaceful sit-ins. Burning a flag is just another facet of the peace movement, and it shouldn’t be illegal.
It would be different if you scaled the flagpole at the state capital and destroyed government property, but in America you can do whatever you want with your personal property. If you choose to buy a new flag and torch it in protest, be my guest.
How many of you have actually seen a flag burned during a protest? I’d wager very few of you have, because the idea is reprehensible to most. To set the flag on fire requires an act of will and determination few have. Those that do are strongly devoted to their causes, because they know how most Americans will react. You don’t go around advertising Domino’s low prices with a lit American flag unless you want to get lynched.
The flag is a symbol of our nation’s values, but it IS just a symbol. It can be replaced. We protect the bald eagle because they are an endangered. But flags are made in factories, and we have an endless supply. For every one burned in demonstration, there are a thousand more sitting on store shelves.
During testimony on Capitol Hill, John Glenn said “It would indeed be a hollow victory to protect the symbol by taking any chance at chipping away at the freedoms themselves.”
The impassioned speech of a national hero did little to change the minds of our elected officials who passed the bill. In a recent interview, Gov. Ventura echoed Glenn and proclaimed the right to free speech a crucial pillar of our nation. If a man who defended our nation can say free speech is more important than a flag, most people had better listen. What rights do you think he was fighting for?
But just because the House passed its bill does not mean I am worried.
The bill must be passed in the Senate to become a law, and in the three previous attempts, the Senate has failed to ratify the House bills. The last time both bodies did agree on an anti-flag burning bill was 10 years ago, and in that instance the Supreme Court struck down the bill as unconstitutional.
Given that past history, I sincerely doubt that the measure to limit our freedom of expression will pass this time. But just in case, maybe I should find myself a worthy cause and start burning flags while it’s still legal.
Aaron Woell is a senior in political science from Bolingbrook, Ill. He has a supply of 49-state flags ready to burn!