“If the flag needs protection at all, it needs protection from members of Congress who value the symbol

more than the freedom the flag represents.”

 

Representative Jerrold Nadler (D-New York)

In the wake of 9/11, American freedoms are falling victim to the crusades of activists from both sides of the political spectrum who are increasingly outspoken and militant in their efforts to justify the limitation or surrender of basic liberties in the name of security, patriotism and political correctness.

From the right, political and religious zealots have told us we are either with them or with the terrorists and that the American flag is an inviolate symbol whose desecration is nothing short of a call to arms.  All too often, while they talk of values, they place more significant in symbolism than the civil rights it represents and their rhetoric takes on language similar to the extremist mullahs who would punish anyone debasing a Koran.

The left is equally culpable in their willingness to restrict the rights of free speech, freedom of the press and peaceable assembly simply because the causes espoused by those wishing to speak, write or gather are deemed racists, sexist, anti-Islamist or otherwise repugnant to the sensibilities of their detractors.  These proselytizers of political correctness have determined bruised egos are infinitely more evil than First Amendment guaranties.

On June 22nd, the U.S. House of Representatives adopted a constitutional amendment to “prohibit the physical desecration of the flag of the United States”, parroting the language of a similar bill the House approved seven years ago.

In typical beltway fashion, the amendment’s language is both unreasonable and unenforceable.  Amusingly, it would criminalize the “official” means for destroying a flag … burning it!  Further, the rampant commercialism in flag graphics and the ultimate disposition of the thousands of objects they adorn would present a formidable obstacle to any reasonable enforcement.

Justification of this amendment’s proponents is predictable … the flag “carries great significance” … a failure to act “clearly reduces its (the flag’s) symbolic value” … and it is “an effort by mainstream America to reassert community standards.”  They package their pitch around images a tattered America flag flying over wreckage of the World Trade Center.

Absent is any attempt by these pompous and self-righteous politicians to preserve the underlying principles on which our nation was founded and to which they swore an oath.  To the contrary, the flag’s symbolic value will be irreparably damaged and one of the unique political values it has represented trashed if this myopic legislation ultimately becomes part of the constitution.  As for reasserting values, no group, least of all Congress, has any legal or other mandate to act as America’s moral watchdog!

This pious assault on the Bill of Rights is apparently needed to protect the nation from the onslaught of a small handful of political dissidents and disaffected malcontents who choose to publicly set fire to the flag to protest their country’s policies.  Unfortunately, in their enthusiasm to protect their symbol they have forgotten several unique and important aspects of our fragile American political system.

  • While the will of the majority can set broad general guidelines for our society at large, the Bill of Rights ensures individuals are not disenfranchised from their inalienable rights by any tyranny of that majority.  The fact polls show most Americans support the idea of this amendment is not a reason to enact it.
  • Freedom of speech, including a wide range of symbolic speech, provides every individual the unfettered right to express his/her opinions without fear of reprisal or retribution (subject to very limited restrictions such as yelling, “fire”, in a crowded public theater).  However, as with most rights, this precious liberty carries a solemn, frequently distasteful responsibility, obligating each person to respect the speech and even have to listen to the opinions expressed or observe the actions taken by others … no matter how hostile or repugnant such ideas might be to their values and sensibilities.

In their exuberance to don the cloak of patriotism, the advocates of a flag desecration amendment have lost sight of the essence of what that symbols represents … specifically the freedoms and liberties embodied in the Constitution and Bill of Rights.

The choice is clear; our liberties and free society can survive with or without the few flags which will inevitably be burned, with or without the amendment … but, absent the fundamental liberties and freedoms our flag now represents, it will become a hollow symbol.

The Senate now has the opportunity to correct the knee-jerk action of the House and abort this ill-conceived attempt to abridge fundamental liberties.  If they fail to do so, it is not unreasonable to become concerned as to which of our rights Congress will take aim at next … again, in the name of protecting Americans from themselves.