Last spring and summer, we reported extensively on the efforts of a number of members of Congress as well as some grass roots groups to amend the Constitution to allow for a ban on burning the American flag. Those opposed to the amendment stated that a ban on flag burning would amount to a violation of the burner’s “free speech” rights. We took the position that if the action of burning an object (in this case, the American flag) in a public venue can be defined as free speech, how outrageous or dangerous will any other behavior have to be to be deemed beyond First Amendment protection?
Now, protesters are testing the limits of “free speech” and finding little or no resistance. A little reported incident at our nation’s Capitol this weekend is a case in point.
According to The Hill, Chief Phillip Morse of the U.S. Capitol Police ordered his officers to allow several hundred anti-war protesters to spray-paint the Capitol steps. You can bet there are laws on the books against defacing public property, but Chief Morse apparently decided that he wouldn’t enforce the law in deference to the protesters’ free speech rights.
Morse defended himself with this little bit of nonsense, “It is the USCP’s duty and responsibility to protect the Capitol complex, staff and public while allowing the public to exercise their First Amendment rights.” And as for the mess, “The graffiti was easily removed by the dedicated staff, some of whom responded on their day off to quickly clean the area.” What a relief! As an added bonus, U.S. taxpayers had the privilege of paying government workers overtime pay to clean up the “free speech” on the Capitol steps.
So is Morse saying that spray painting the Capitol steps and whatever other public monuments, etc. that are handy is now fair game, protected by the First Amendment? Of course not. Try taking a can of spray paint to the U.S. Capitol steps yourself and you will quickly find out that Chief Morse’s notion of free speech rights has suddenly become very selective.
After all is said and done, the question remains: Now that we’ve expanded the definition of “free speech” to include an unspecified number of behaviors referred to as “expression,” where will the line be drawn and who will draw it?



Simon Cowell, the controversial judge of the American Idol television series, who employs self-absorbed arrogance to masquerade as confidence, has provided a clue to his very narrow preferences. According to