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Gifts for all occasions in the Galleria! Add your comments on this week's "What is the Deal?" column at Uncle Hiram's Bulletin Board. June 8, 2003 What is the Deal with Flag Burning? By Jan A. Larson Every few years, there is an effort in Congress to amend the Constitution of the United States to allow Congress to pass a law (or laws) to prohibit the physical desecration of the American flag. Thus far, the proposed amendment has failed to emerge from Congress. The effort is again underway. In January of this year, Rep. Randy "Duke" Cunningham (R-CA) introduced a joint resolution (H.J. 4) that proposes such an amendment that simply states: "The Congress shall have power to prohibit the physical desecration of the flag of the United States." The House of Representatives passed the amendment by a 300-125 vote on June 2. A constitutional amendment is required, as opposed Congress to merely passing a law to prohibit flag desecration, due to the Supreme Court's ruling that flag burning falls under the protection of the First Amendment in Texas v. Johnson, 491 U.S. 397 (1989). For the Constitution to be amended, the proposed amendment must be passed by a two-thirds majority in each house of Congress and be ratified by three-fourths of the states within seven years. Flag burning (or desecration) is a hot-button issue with many Americans. There aren't many American citizens that take delight in the sight of the American flag in flames. Most of our images of such things are of people in far off lands burning the American flag. It is easy to dismiss them as jealous, misguided, uneducated extremists. U. S. code Title 4, Chapter 1 outlines the steps for the proper handling and respect for the flag. Unfortunately, these rules are very often ignored. The flag is used on clothing, in advertising and is often allowed to fall into disrepair, a clear violation of the proper procedures for handling and displaying the flag. Many people display the flag as a sign of patriotism, but yet disrespect the flag by not illuminating it at night, allowing it to touch the ground or be rained upon. Ironically, some of these the same people that routinely disrespect he flag are the staunchest supporters of an amendment to protect the flag. Flag burning is not a serious problem in the United States. There are generally no more than a handful of incidents per year and most are adjudicated via open burning or public endangerment laws. Some may not know that respectful burning is the proper way to dispose of a worn or damaged flag. Since the terrorist attacks of September 11, 2001, there has been a surge in patriotism and the display of the flag and that makes conditions favorable for a flag desecration amendment to be passed by Congress and ratified by the states. That would be a horrible mistake. Those that would pass laws to protect the flag itself completely miss the reason why we must not pass laws mandating its protection. The flag, that is a piece of multicolored cloth, means nothing by virtue of its existence alone. The Stars and Stripes derives its value and commands respect by virtue of what it represents. The flag represents the freedoms that Americans enjoy and the freedoms that Americans have fought and died to protect. Those freedoms include the right to dissent and if the most effective form of dissent involves the burning of a flag, then that form dissent must be protected as well. A flag desecration amendment is a thickheaded solution to a non-existent problem. The United States Constitution has been amended just 27 times, the first 10 of which constitute the Bill of Rights. Amending the Constitution in such a knee-jerk fashion trivializes the entire document. The practicalities of laws passed under such an amendment are fraught with problems. The current flag handling and display regulations from the aforementioned Title 4, Chapter 1 would have to be enforced in order to be able to codify the actions that constitute the actual desecration of the flag. Would allowing the flag to touch the ground constitute desecration? What about improper display? Does anyone believe this type of violation is worthy of a citation or arrest? Representative Cunningham and the co-sponsors of H. J. 4 are merely pandering to an emotional response of the American public to the American flag. It is ironic that an amendment with the "feel good" goal of protecting the flag may do more damage to the ideals and freedoms that the flag represents than any protestor or flame could ever do. -- Send feedback to the author. The "What is the Deal?" column will appears weekly on the Pie of Knowledge website. Guest submissions are welcome and encouraged. To submit an article to "What is the Deal?" click here. To subscribe to the "What is the Deal?" mailing list and receive early notification when a new column is available, click here. The Pie of Knowledge will never, ever divulge email addresses to any third party for any reason unless so ordered by a court of law. Contributions to the Pie of Knowledge are greatly appreciated. 
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