From the Left . . .
by Robin Farkas
What if... I was cleaning out my attic, and decided to get
rid of some old stuff; paper and fabric items, including an old
flag. Let's say I brought them downstairs and used them for kindling
in my fireplace on a chilly evening. What do you think? Should
I be arrested? Fined $1,000? Jailed for a year? After all - I
just burned a flag. Sounds a little extreme, doesn't it? But
- that's what many think should happen to an American who burns
THE FLAG.
I put that in capital letters, because we're not just talking
about a tangible item which symbolizes America in a representational
way anymore - THE FLAG now is America. When the issue of flag
burning comes up, to the majority of us, that piece of colorful
fabric becomes THE FLAG. Now, if we were talking about a plastic
replica of the Liberty Bell, sheet music to "The Star Spangled
Banner," a copy of the Constitution - well, heck, I could
desecrate those items all I wanted, but just let me burn THE
FLAG - and - well - that ignites some patriotic passions in a
very weird way.
The issue of flag burning came to a head in 1984. During the
Republican National Convention, some angry protestors doused
a flag with kerosene and lit it up, while chanting, "America,
the red, white, and blue, we spit on you." This was a very
different scene from the hypo I first described. Now we have
added an element of anger, protest, public display, and an intense
desire to irritate those watching the act. The authorities promptly
arrested the flag-burner under a state statute forbidding the
desecration of the flag. The flag-burner claimed the law was
an unconstitutional restriction of his right of freedom of expression.
The case went all the way to the Supreme Court (Texas v. Johnson)
and it turned out, in a 5-4 decision, he was right. Justice Brennan
delivered the opinion of the Court, in which he said, "If
there is a bedrock principle underlying the First Amendment,
it is that Government may not prohibit the expression of an idea
simply because society finds the idea itself offensive or disagreeable."
A majority of Americans think it's just plain wrong to burn
the flag. It's an easy trap to fall into, thinking, "Love
America, Love Her Flag." How can you not love America? And
if you don't love America, there's the door! Right? Politicians
generally love the issue. After all, how many votes are you going
to lose by telling voters you think the flag, as a symbol of
America, should be held scared? It's like saying, "I don't
think evil is a good thing!"
Congress wasn't collectively thrilled with the Court's decision,
so they fired the next volley with their Flag Protection Act
of 1989. Basically, it tried to do the same thing that state
and local laws had tried - but it, too, failed. Once again, the
Supreme Court struck it down, saying that "flag burning
as a mode of expression enjoys the full protection of the First
Amendment."
Flag Burning - Safe Rhetoric
Next, President George Bush called for a constitutional amendment
banning flag burning. That stirred everybody up. The House of
Representatives voted overwhelmingly in favor of it. [An aside:
does it strike you that when an issue is more emotional than
logical, the House can make a feel-good vote before sending it
on to the Senate, because they know the Senate isn't going to
let something ridiculous go through? But.. back to our story..]
The Senate couldn't muster the votes to pass a constitutional
amendment to ban flag-burning. However, that hasn't entirely
stopped the debate, and cautious politicians still like to use
the issue as safe rhetoric.
How do our notables on the Right feel about this? Arlen Specter
said, "In my judgement, the First Amendment does not protect
flag burning." Bob Dole, in his 1996 bid for the presidency,
took the opportunity to rip into Bill Clinton for opposing the
flag-burning amendment. The Citizens' Flag Alliance equated flag
burning with cross burning and book burning. Hey, wait a minute
- aren't those things legal? Distasteful, even ignorant... but
here in America, we have freedom of expression, don't we? Veterans
groups don't want the flag trashed - they say they risked their
lives defending it. One Republican gubernatorial (Ohio) nominee
George Voinovich, a creative thinker, thought that if the flag
manufacturers could just make flags out of fabrics which would
become toxic when burned, we could arrest flag burners under
air pollution laws. Sometimes the Republicans remind me of the
second-born child - not as good, not as smart, but always trying
harder. Sigh.
Can We Have It Both Ways?
As for our champions of liberty on the left: President Clinton
is against flag desecration but is also against a constitutional
amendment banning it. (At first, this sounds like another "but
I didn't inhale" argument, but when you think about it,
his opinion is the most sound.. read on..) Any constitutional
amendment to ban flag burning would necessarily alter the First
Amendment protecting freedom of speech. In an 1995 statement,
American Bar Association president George E. Bushnell Jr. opposed
the idea, saying, ". . . we threaten the fundamental American
freedoms of all of us when we start down the dangerous path of
amending the Bill of Rights." The American Civil Liberties
Union "continues to oppose a proposed constitutional amendment
to ‘protect the flag': it would do irreparable harm to the
First Amendment and one of the greatest freedoms embodied within
it, our freedom to protest and criticize the government."
Here's how I see it: If you were asked to tell a foreigner
what's so great about America, what would you describe? You wouldn't
describe the flag; you would describe our freedoms! Where else
on earth can you utter your complete contempt for your leaders
and your government without fear of reprisal? Where else on earth
can you be a complete individualist, without impunity? What other
society on earth has as great a diversity of thought, culture,
and behavior? I don't care what you want to wear, what music
you want to hear, what sex toys you like to play with, or what
people you want to love or hate. In this country, you can pursue
your own brand of life, liberty and happiness.
Flag burning is an issue twisted in the knots of emotionalism.
If you look at this rationally, it's just a piece of cloth. Burning
it does not cause death, disease, destruction of the nation or
even a dent in the fabric of society. Burning the flag is nothing
more than a ritual of protest. It is a healthy, legal expression
of anger and frustration. This country was founded on the principle
of freedom. It's not whether burning the flag is a good thing.
What's great about America is that we CAN burn the flag!!
|
. . . From the Right
By Lewis Litsey
The United States Flag, a symbol of our country that millions
of people have suffered and died for, should never be legally
burned in this country.
Free Speech or Obscene Behavior?
I would be the first person to stand up in defense of freedom
of speech, however, there are some actions that are not free
political speech but behavior gauged to anger and sadden; burning
the United States Flag is one of these actions. The Supreme Court
has differentiated between free speech and obscenities and burning
a U.S. Flag should be listed as an obscenity. There should be
a Constitutional Amendment criminalizing any desecration of the
U.S. Flag. Sure, many pinko liberal's may stand up at the mere
mention of a Flag Burning Constitutional Amendment and yell "what
about our freedom of speech!" "people died for those
rights!" Yes they did and what they fought for should not
be slowly destroyed.
I agree with freedom of speech and that is why people who,
for whatever reason, want to protest against this country can
do it by printing pamphlets, magazines, or newspapers. In addition,
they can write articles in magazines and newspapers, or form
rallies, speeches, and demonstrations. Those same people who
hate this country, but live in it, can also write their state
and federal Congress-people, sign petitions, get on the public
access channel, etc. In other words, there are many, many, many
ways to express one's political views while not offending, angering,
and saddening people. It can be argued that the manner in which
the framers thought United States Citizens would exercise their
freedom of speech would be a bit more dignified than a chanting
crowd burning a flag. People who burn U.S. Flags in the United
States do not have free speech in mind, they only hope to anger
and offend others. Free political speech must be just that, political
speech, not calculated attempt to offend.
Dying From the Inside Out
Should United States residents and citizens be allowed to
desecrate symbols of our Country? Should respect enter into the
equation? We all want the United States to be a strong country.
We want its citizens to be proud of her accomplishments and proud
to be citizens of the most free country the Earth has ever seen.
Should we not place the very existence of our country above allowing
total freedom to do and act as people please? There must be laws
in a society to prevent some citizens taking advantage of others
and to maintain order. Some laws sustain our nation and its symbols
of pride; a constitutional amendment against flag burning or
desecration would accomplish this objective. Allowing people
to destroy symbols of our great Country weakens our country from
the inside out.
People who do not love or like this country should not live
here, they should move. The only actions they take are negative
acts, sometimes violent, sometimes not. We must protect ourselves
from the many groups who would like to destroy the United States.
We must also have laws which engender pride and respect for the
United States or young people will grow up having no desire to
respect our country and its rich history. Instead, they will
grow up respecting entertainers and athletes more than political
and military hero's, the very people who sacrificed and died
so that we have the freedom we have today. Their blood is on
our hands and we owe them a debt that will never be repaid. The
least we can do is not destroy the symbols many men and women
have sacrificed their lives for.
|
Previous Page
