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.'"

Common Sense on North Korea (Korea Times, April 2, 2012)

By Casey Lartigue, Jr. As interesting as Kookmin University professor Andrei Lankov’s writings are, there is nothing quite like attending one of his lectures. He can barely restrain himself behind the podium, often pointing and waving his arms. I also enjoy his unscripted speeches, but his answers in Q&A sessions are like the difference between watching Michael Jordan shoot baskets in warm-ups and an actual game. I have finally discovered the secret behind Lankov’s consistently solid analysis about North Korea: Use common sense. At an Asan Institute conference last summer, he argued that North Korea watchers should try to understand North Korea from its perspective. Don’t most people know that you must understand the mindset of others you are dealing with? Yet, common sense in theory gets ignored politically. From the North Korean perspective, nuclear weapons are the best thing they’ve got going. They will NOT give them up easily, even if President Obama ...

Rich talking back

The rich are talked about very often in negative terms, but how often do the rich respond in kind? Australian billionaire Gina Rinehart, who inherited most of her money but apparently has also done very well with it, recently railed against class warfare and had some advice for the non-rich : "There is no monopoly on becoming a millionaire," she writes. "If you're jealous of those with more money, don't just sit there and complain. Do something to make more money yourself - spend less time drinking, or smoking and socializing and more time working." She complained about politicians raising taxes, regulations that slow investment, and other anti-business policies that harm the poor. "If you want to help the poor and our next generation, make investment, reinvenstment and businesses welcome."

Random photos from today

I went walking around today. Whereas some people like to go walking in the mountains, I enjoy walking around in the city. Well, not D.C. or other cities with many homeless, crazy and/or armed people walking around... * * * Here's where I had lunch today. About $1.90 for a hamburger hamberger. * * * Ha-ha! Bet you never would have guessed that Batman is a drinking place in Korea! * * * Man Clinic? The Koreans walking by seemed to be very curious about why I was taking a photo of a "Man Clinic." They may know something I don't know...Actually, I wasn't curious enough to go in and find out what it was... * * * Right down the street from the Man Clinic...there's a Love Shop! I love the euphemism. "Love Shop" sounds much better than Sex Shop. I'm guessing that if you don't go to the "Love Shop" to buy condoms that you may need to visit the Man Clinic a short time later? * * * Nobo...

To be a good volunteer, use your brain (Korea Times, December 5, 2012)

By Casey Lartigue, Jr. There is probably an unwritten rule that a celebrity offering to do volunteer work for a good cause should immediately be embraced. Well, that’s not what happened to Jeong So-dam, the glamorous Korean cable TV announcer when our paths crossed on Nov. 29. Ms. Jeong was the MC of an event about American political philosophy hosted by the Association for Economic Evolution. During my speech about American libertarianism since 1940, I discussed my volunteer work for North Korean refugees. After the speech, Jeong approached me, asking how she could help. I gave her the same tough love I give to potential volunteers by asking: “Who are you?” After all, if you are Bill Gates, then open your wallet. If you speak four languages, then help with translation work. So I first stress to potential volunteers: Use your brain. Tell us about your skills and interests so together we can figure out your initial role. Jeong was good-natured about it, rather than c...

Why I won't go to North Korea (Korea Times, December 27, 2012)

By Casey Lartigue, Jr. “Have you ever been to North Korea?” This is the question I am almost always asked here in South Korea when people learn that I have become an activist for North Korean escapees. My response is curt: “No.” “Do you plan on going?” they ask next. My answer remains the same: “No.” When they start to ask a follow-up question, I cut them off: "No." People are often just trying to make conversation, I know, but I am blunt for a reason: I am not interested in going to North Korea as long as North Koreans are held captive. I could go one day, but for now, I can do without a government-guided tour by " men-stealers and women-whippers ," to borrow a phrase from American abolitionist William Lloyd Garrison. I don’t mean to criticize people who have gone to North Korea for political, educational, business, religious reasons or just plain curiosity. However, some people push me on the issue, ― and I push back. A good friend wh...

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