Opponents fret over Flag Protection Amendment
The rhetoric surrounding the Flag Protection Amendment is heating up, and mostly coming from opponents of the measure.
The usual complaint goes something like this: "Every year around this time (Fourth of July), certain members of Congress rattle their sabers about protecting the American flag from desecration. They just do it to get some free publicity - it shouldn’t really be taken seriously." The oldest trick in the book in the political realm is to impune the motives of your opponent rather than debate the issue. So this argument just rings hollow.
However, now that it looks likely that a Costitutional amendment will pass - at least in the House of Representatives - opponents are attempting to debate the issues. Paul McMasters of the First Amendment Center has weighed in with this warning, "Even after an amendment is passed and ratified, then come the problems of how to write a law that fairly and constitutionally defines `U.S. flag’ and defines `desecration.’ Those are two very real hurdles."
A definition of the U.S. flag has already been addressed by Congress. The`flag of the United States’ means "any flag of the U.S. or any part of one, of any substance, or any size in a form commonly displayed.” I don’t think they are talking about your American flag beach towel.
The second part of Mr. McMasters’ statement questions what the definition of desecration might be. He goes on to elucidate, "How do you make a distinction in deciding who to prosecute regarding a group or person burning a flag out of respect, as provided for in current law, and a person who intentionally or unintentionally desecrates it?" Does he mean to say that he would be unable to tell the difference between a flag burning ceremony at the local VFW and a flag burning protest on the sidewalk?
Here’s another one from McMasters, "What about an American Olympic athlete who accidently drags a flag on the ground during a victory lap?" Well, what about him?
If this is the best the opposition can do, no wonder the Flag Protection Amendment seems likely to pass.