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

2022-12-09 Seoul Honorary Citizenship (ceremony & media roundup)

  On September 29, 2022, I was informed that I had been awarded Seoul Honorary Citizenship. December 9th, I was one of the 18 non-Koreans to receive Seoul Honorary Citizenship.  I was delighted to have several colleagues and supporters join me at the ceremony. They all have had a special role in my activities here. Here's the media roundup so far: The Korea Times (English) https://www.koreatimes.co.kr/www/nation/2022/12/113_341484.html Yonhap (English) https://en.yna.co.kr/view/AEN20221211001200320 (Korean) https://www.yna.co.kr/view/AKR20221210022100004 (French) https://fr.yna.co.kr/view/AFR20221211001000884 (Spanish) https://sp.yna.co.kr/view/ASP20221211000900883 K-Odyssey https://m.k-odyssey.com/news/newsview.php?ncode=179556481389320 Newsis https://www.newsis.com/view/?id=NISX20221209_0002118460 Chosun https://www.chosun.com/national/national_general/2022/12/11/S2OA76535FCBHFIQI7R5P7HYYM/ Daum News https://v.daum.net/v/20221211111512898 MSN https://www.msn.com/ko-kr/news/n...

"Who would be free themselves must strike the blow?" --Lord Byron

Frederick Douglass loved that quote. Booker T. Washington would say it sometimes, too. I recently met two women from North Korea. That's right, that North Korea. I asked them many questions but held back somewhat. I suppose they still must be careful and I don't want them to think I'm a spy. Hey, I used to be a host on black talk radio, I was accused of many things then. Plus, if North Koreans are trying to track those folks down I suppose the last thing they'd want would be to have their photos posted on a blog. At some point I will write about meeting those ladies. * * * Yesterday I got interviewed by a Korean reporter about various political and social issues. After I confirm that my interview made it past the station's producers then I'll post the info here. CJL

Race, race, race

On the issue of race: Clinton goes first, (surprisingly) without her Selma accent. Biden doesn’t mention that there is a clean and article black person on the stage. Richardson says the next president must talk about race…we need less talk about race, and more about individual action. Edwards said something, apparently to help us transition to the only somewhat black candidate on the panel. Obama has the home field advantage being at Howard, but doesn’t do much with the initial question. Kucinich says that people are told to raise themselves up by their own bootstraps, but then they steal the boots. He gets the loudest cheers. This will be a long night if that continues... Gravel —who? Dodd —like the 64th team in the NCAA basketball pool, Dodd should be one and done. Brb, I’m checking on the NBA draft… CJL

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 ...

Breen's column that outraged Samsung

“What People Got for Christmas” Michael Breen The Korea Times December 25, 2009 At this time of year when Seoul’s bare winter trees are wrapped in beckoning lights ― blue and white are the in colors ― and Merry Xmas signs at hotels and department stores are really saying come-hither-gentle-reveler-and-empty-your-purse, and when expensive restaurants belch noisy year-end office party groups onto every street and the karaoke rooms are full, it is tempting to declare that Christmas has lost its soul. But that would be a mistake. Christmas is a time for giving, and, before they can be given, gifts have to be bought. Commerce is good. Here, as proof, is a round up of some of the gifts given and received today by people in the news. Samsung, the world’s largest conglomerate and the rock upon which the Korean economy rests, sent traditional year-end cards offering best wishes for 2010 to the country’s politicians, prosecutors and journalists, along with 50 million w...