Fighting for the Flag

[mithriltabby]

Lady Liberty had a very narrow escape from the voracious flag-burning amendment this time. Three cheers for the 34 senators who had the courage to stand against a cynical attempt to manipulate voters, and a firm smacking for the 66 who are wasting our tax dollars debating it when there are real problems to be solved.

The flag-burning amendment is just the first iteration of a cynical algorithm: “Vote to criminalize a behavior perceived as unpatriotic and vilify those who vote against you.” The first iteration is opposing flag-burning, because nearly everyone (including me) sees flag-burning as unpatriotic. But this is just the thin end of a wedge with a very unpleasant payload: if they can outlaw flag-burning, what’s next? There are lots of people who are already calling it treasonous to criticize the President; how soon would they be trying to make that a law?

It’s also pointless. Flag-burning is offensive, but there are lots of ways to offend people. Frankly, if someone’s the sort to take a match to the Stars and Stripes, I want to know about it so I can be careful not to stand with them.

The ACLU have a Fight for the Flag area with good resources for people who want to take a stand for the liberties for which the flag stands. We’re going to hear a lot of drivel trying to cast the senators who voted against the amendment as unpatriotic, and it’s important that we call bullshit wherever we see it.

Comments

[racerxmachina.livejournal.com]

I'm not one to burn the flag in protest, but burning the flag is one of the few ways to dispose of it respectfully, so it's nice to not have to be reported for a thoughtcrime. I'm picky enough about proper treatment of the flag that I get kind of annoyed when I see them up on poles after sunset.

[(Anonymous)]

The first federal Flag Protection Act was passed by Congress in 1968 in response to protest burnings of the flag at demonstrations against the Vietnam War. Over time, 48 of the 50 U.S. states also enacted similar flag protection laws as well. All of these statutes were overturned by the Supreme Court of the United States by a 5-4 vote in the case Texas v. Johnson, (1989) as unconstitutional restrictions of public expression.

After the Johnson decision, Congress quickly passed a new Flag Protection Act, which was also struck down by the Supreme Court the following year by the same 5-4 majority in the case U.S. v. Eichman (1990). The Court decided that expression through flag burning was constitutionally protected.

BUT...

Ruling in an important First Amendment case, Virginia v. Black, (2003) the U.S. Supreme Court said that states may outlaw acts of cross burning.

[mithriltabby]

Since cross burning is a habit of the Ku Klux Klan trying to threaten people of color and is thus a message implying threat, rather than protest, the distinction here is clear.

[cmccurry.livejournal.com]

The purpose of the Constitution is to spell out the rights of the people. Any amendment whose sole purpose is to take away rights has no place in that document.

[etoile-de-matin.livejournal.com]

Durning my years living in communal houses, I saw people protesting the way our goverment handles things in many ways. One of which was flag burning. I don't see flag burning as unpatriotic, to me it is a clear statement as to the frustration that our flag no longer represents the ideals this country began with. It is a pointless gesture, it accomplishes nothing except to vent the rage of those who do it. However, the second it becomes illegal we begin the downward slide into mid-1930's Germany. (although some say we are alredy there)

Years ago, I had an army jacket with an American flag sewn on the back with a peace symbol painted on it, I got no end of shit and was even threatened with physical violence from the local (Santa Cruz, CA) police. I don't like this wave of fundalmentalist patriotism I've been seeing gathering momentum.

[mithriltabby]

I can understand the frustration. My own perspective is that the flag stands for our ideals as a country, and what the Bush Administration are doing is comparable to using the Stars and Stripes as toilet paper.