More flag burning
Saturday, April 30th, 2005I just came acroos this opinion piece, that, like so many others, attempts to make the case that the act of flag burning is protected as free speech by the First Amendment. And Ms. Webb cleverly bolsters her argument by pointing out that the Supreme Court agrees with her - a non-argument since the Supreme Court has many times reversed it’s own opinions.
The First Amendment states, "Congress shall make no law…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."
The problem I have with flag burning is this - the implied threat of violence and, pardon the pun, inflamed passions that invariably accompany these events, can’t reasonably be construed to be an act of "peaceable assembly" or petitioning "the government for a redress of grievances." Some might even view this type of action as an attempt to incite a riot, which is obviously not protected by the First Amendment. If we define behavior that threatens violence as "speech," where do we draw the line regarding other forms of behavior? I don’t think we can.
By Sandi Webb
"He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
- Thomas Paine
"Politically popular speech has always been protected: even the Jews were free to say ‘Heil Hitler.’"
- Isaac Asimov
On this Fourth of July, the 219th birthday since our nation was "conceived in liberty", the sight of Old Glory proudly waving brings a lump to my throat. Our flag symbolizes the greatest advance in individual rights and human liberty in the history of the world.
And yet, tragically, that same flag has become the pawn in an effort to whittle away at our most cherished freedoms-those very freedoms that it has stood for all these years.
An effort is now under way to pass a constitutional amendment that would prohibit flag-burning. Since the Supreme Court has ruled that flag-burning is protected under the First Amendment, Congress is rushing to alter the First Amendment.
After all, politicians have to prove that they’re in favor of mom, apple pie, and the flag. Never mind that hardly anybody is actually burning the flag. Focusing on non-problems is great for diverting attention (and criticism) from their handling of real problems.
But if they’re willing to tamper with the First Amendment today, what’s to stop them from tampering with the other amendments tomorrow? They can always come up with good excuses. And each time it will seem like such a little thing, hardly worth getting upset about.
I consider the Declaration of Independence and the Bill of Rights to be the two most important political documents ever written. The first threw off the chains of an oppressive government, and the second tried to safeguard us from the formation of new chains.
The entire Bill of Rights is about limiting the power of government and securing our individual freedoms.
I’ve argued before that when our Founding Fathers wrote the Second Amendment, they were not thinking about duck hunting. They wanted "the people" to have the means of defending themselves, if necessary, against a tyrannical government.
In the same way, when our Founding Fathers wrote the First Amendment, they were not thinking about nude dancing. They wanted "the people" to have the means of voicing their opposition, no matter how unpopular, against a repressive government.
"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."
The First Amendment was specifically designed to protect unorthodox views, unpopular ideas, and political dissension. Would it make any sense if it protected only orthodox views, popular ideas, and political harmony? Since when have those ever been in danger?
When government agents behave like jack-booted thugs, we must have the freedom to speak out against them. When bureaucrats bind us with regulations, and politicians tax us to death, we must retain the means of protest.
More than anything else, we need to protect political speech and political action. We must be able to criticize our own government. That’s what the Declaration of Independence was all about. That’s our nation’s birthright.
To me, a flag is far more than just a colored bolt of cloth. It’s an idea, it’s a vision of the principles we believe in. You can’t destroy an idea by burning a piece of cloth. Even if someone were to burn every flag in the world, he’d accomplish nothing. The vision would still be there.
Flags can always be replaced. Principles can’t.
If this measure passes, if we take the first little nick out of the Bill of Rights on the pretext of "protecting our flag", I will never be able to look at it again with quite as much pride.
And I don’t want that to happen. I don’t want to lose that lump in my throat.
I don’t want to see the true meaning of our flag desecrated.
This Fourth of July op-ed piece was published in the chain of Star Newspapers in Ventura County, CA, by Simi Valley Libertarian Party city council member Sandi Webb.





