Skip to main content

Burn Your Own Flag, If You Want

by Casey Lartigue

This article appeared on cato.org on August 1, 2001.



The House voted 298-125 on July 17 for a one-sentence amendment to the U.S. Constitution: "The Congress shall have power to prohibit the physical desecration of the flag of the United States."

Why did Congress stop there? The amendment needs to be expanded to read: "The Congress shall have power to prohibit the physical desecration of the flag of the United States that anyone in Congress happens to own. Anyone who burns a flag stolen from the home or office of a member of Congress shall be punished to the maximum extent of the law."

In other words, hold flag burners to the same standard we hold people to when they burn property that is not their own: you burn it, you buy it.


Congress needs to fight fire with fire by responding to the symbolic act of burning Old Glory with symbolic action of its own--each new Congress should pass a non-binding resolution, call it Resolution 1776 this time, condemning flag burning. They'll have a chance to condemn flag burning without incinerating the First Amendment.

The resolution is needed because it has become a tradition for the House to prove its devotion to freedom by restricting freedom. The goal has been to overturn the Supreme Court's 1989 and 1990 decisions slapping down state and federal attempts to criminalize flag burning. If the flag burning amendment becomes law, it would mark the first time that the First Amendment has ever been amended. That would surely set off a bonfire by interest groups demanding that disliked words, texts, and ideas be criminalized.

In their desperation, some enflamed representatives have even referred to flag burning as a hate crime. Rep. Randy "Duke" Cunningham (R-Calif.) and many others who denounce flag burning as a hate crime have themselves been MIA on the issue of hate crimes.

During House debate on flag burning, Rep. Henry Hyde, R-Ill. argued: "Vandalizing a no-parking sign is a misdemeanor, but burning a flag is a hate crime, because burning the flag is an expression of contempt for the moral unity of the American people."

Hyde has, however, created a false analogy -- -a flag can be privately owned whereas no-parking signs are public property. If someone happens to own a no-parking sign, then he should certainly be allowed to burn it, as long as he doesn't endanger others or their property.

Fiery columnist Patrick Buchanan said in 1989 that the Supreme Court had "converted an anti-American `hate crime' into a constitutional right." In contrast, Buchanan calls hate crime legislation a "fraud." After the murder of a gay man in 1998, Buchanan argued: "Since Wyoming is prepared to execute the killers, what more does the left want? Answer: The left wants the thought punished as well as the deed."

While Buchanan is right that hate crime laws are unnecessary, he borrows from the logic of opponents by arguing that some thoughts need to be punished. He doesn't oppose flags being destroyed in a dignified manner, just when some pinkos barbecue the Red, White and Blue. Perhaps Buchanan will next borrow from his ideological opponents by asking for reparations for those traumatized by flag burners.

There wouldn't be many people in need of such reparations, however. According to the Library of Congress, there were only 45 instances of flag burning from 1777 to 1989, and fewer than 10 a year since the Supreme Court' s rulings. The reality is that not many Americans burn the American flag, although conservatives are willing to trample on the Constitution to save the flag.

What should be embarrassing for conservatives is that they have Rep. Jesse Jackson (D-Ill.) mocking them for trying to amend the Constitution. Jackson isn't opposed to aggressively amending the Constitution. In his book to be released in mid-August, Jackson proposes eight constitutional amendments. But according to Jackson, conservatives have even topped him, having already introduced about 50 constitutional amendments in the 107th Congress. The supposedly do-nothing conservatives in the 106th Congress introduced 75 constitutional amendments. The founding fathers themselves only came up with a dozen amendments, 10 of which they ratified.

Our elected representatives need to think beyond the next election. Harvard Law professor Charles Fried, in testimony before a Senate committee in 1990, said that putting the flag burning amendment in the Constitution would be like drawing "a moustache on the Mona Lisa of our liberties." Fried, then solicitor general in the Reagan administration, said "It would be 'a piece of vandalism whose mark will be with us forever.'"

Popular posts from this blog

How not to get your ass beat by the police

The black president of the United States stupidly commented on the arrest of a black Harvard professor in his own home by a white police officer. Some random thoughts and memories: * I'm sure most people are still trying to figure out who Prof. Gates is. As G.K. Chesterton once wrote: "Journalism consists largely in saying 'Lord Jones is dead' to people who never knew Lord Jones was alive." * Massachusetts Gov. Deval Patrick said Gates' arrest was "every black man's nightmare." Perhaps. But having a criminal in my house is even more of a nightmare. Also, having the president of the United States talk off the cuff about me about something he doesn't know is pretty bad. And getting shot by a cop after I escalated a situation would also be worse than getting arrested. Anyway, I have had my own dealings with the police over the years: * Back when I was a college student many many moons ago, one of my brothers and I got stopped by police in Bro...

The Casey Lartigue Show

Guests scheduled for May NOTE: Check here for updates on Memorandum 46! Future Shows Thomas Sowell of the Hoover Institution This is my first attempt at putting together my own promo , it was rejected because of the sound quality May 19 edition of the Casey Lartigue Show We had a great show yesterday, probably the best so far. The topic: Malcolm X. The occasion? Anniversary of his 82nd birthday. Eliot Morgan and I had a great time talking with the callers. Deneen Borelli called in on our special guest line. You can download the file here. We posed the question: What did Malcolm X do? We contrasted the viewpoint and legacies of Malcolm X and Thurgood Marshall. The one mistake I made was not to focus on the question that Marshall asked: What was the one concrete thing that Malcolm X did. In segment 3, callers begin to get personal with us. May 12 edition of the Casey Lartigue Show Featured guest: Don Boudreaux of George Mason University Promo for the May 12 show May 5 edition of the C...

Korea Fighting!

Years ago I read an article about a man who kept a detailed diary about his life. I think it was 70 years of diaries. Nothing was too insignificant for him to mention. I remember reading it and wondering, "Yeah, but will anyone ever read those boxes of diaries about him going to the bathroom?" I guess he often wrote about himself writing... These days I'm having the opposite problem... I'm living it up so much that I don't have time to write... Can you really enjoy life and record it all? If I had time I would blog about... * going swing dancing * getting treated at the Kkunnori restaurant in Jamsil by two friends who insist I'm the luckiest man alive because I know them. * then getting treated to an hour or two at the Luxury noraebang near Kkunnori . * the "call" button in Korean restaurants * Koreans ordering too much food whenever they eat together * Meeting with Gong Byeong Ho (공병호) for the first time in 10 years. * how damn energetic Seoul i...

Weekend roundup

Kim Heung - sook asks: " Who Needs New Bills ?" When I first saw the headline, I thought: I AGREE!!! In fact, I don't want or need ANY bills, whether old or new! I have a dream job now...After a couple of days at work, one of the managers here told me to give him all of my bills, the company would take care of my expenses. So I say...Who needs new bills!!! Who needs old bills!!! Her essay is about the new 50,000 won bill. That's about 40 bucks. The next largest bill? 10,000 won. That's about 8 bucks. * * * Get a job! In an LA Times piece trying to guilt California taxpayers and the governor to spend more on higher education in the state , Vincent J. Del Casino Jr. concludes by asking how he should explain spending cuts to his students: "Governor, any good one-liners I might use?" I've written some speeches for some prominent people over the years, I'll give this one to the governor for free, "Get a job!" * * * The next borrowed word? ...

Gerald Bracey, invited to his final mugging

"Journalism largely consists of saying 'Lord Jones is Dead' to people who never knew that Lord Jones was alive." --G. K. Chesterton * * * I don't usually do obituaries because (1) I don't know the person who has just passed away (2) It is usually in poor taste to speak honestly about the recently departed (3) I do know the person who has just passed away, but still feel too close to them to write about them on a blog. But I will make an exception in the case of Gerald Bracey ! In case you didn't know, he was an education researcher and public schools advocate. He was also highly sarcastic, acidic, a gentleman who was often uncouth and even childish. A couple of random thoughts and memories: * Just as I was getting into the education policy analysis world I thought about inviting Bracey to be a speaker on a panel. I asked a couple of prominent education researchers. The first three told me that they refused to be on a panel with Bracey . I could invite him...