Flag v. Freedom
by TChris
One of the most important rights guaranteed by the United States Constitution is the freedom to criticize the United States government. As the Supreme Court has recognized, that freedom can be exercised symbolically by disrespectful treatment of the country's symbols, including its flag.
Members of Congress who elevate symbols of freedom above actual freedom are again trying to amend the Constitution to restrict the ability to criticize the government by burning or otherwise desecrating the flag.
The House approved the proposal by 286-130, more than the two- thirds necessary to pass constitutional amendments.
The proposal will now pass to the Senate, where the outcome is difficult to predict.
The Senate last voted on a flag desecration amendment in 2000, falling four votes short of the 67 required to pass. Since that vote, 26 new senators have been elected.
Senators would do well to remember the words of Justice Brennan, who wrote for the Court in its reversal of Gregory Johnson's conviction for burning the flag in protest of the Republican National Convention in 1984.
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