On Tuesday the Senate rejected, by one vote, a constitutional amendment to prohibit flag desecration. The words of Sen. Daniel Inouye, D-Hawaii — a World War II veteran and Medal of Honor winner — bear repeating: “Our country’s unique because our dissidents have a voice. While I take offense at disrespect to the flag, I nonetheless believe it is my continued duty as a veteran, as an American citizen and as a United States senator to defend the constitutional right of protesters to use the flag in nonviolent speech.” Kansas Sens. Sam Brownback and Pat Roberts both voted for the ban.
Posted by Randy Scholfield
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30 Comments
Foolish and short-sighted amendment, just as would be a marriage amendment.
The defeat certainly spared us what was sure to be a wholesale conflagration of flags this July 4. I’m thinking lots of people would have burned flags in protest to the amendment, and others more mercenary would have taped their burning, perhaps with a July 4 celebration as background, with an eye to selling copies had an amendment passed.
Sen. Daniel Inouye, D-Hawaii has, again, spoken for the intelligent middle who knows what the amendment really was – pandering to the know-nothing GOP base. Don’t know him personally, I do European combat cost him an arm, but I have long considered him one of the truth-tellers. We need to respect them, there aren’t that many out there.
And having met the senator, GMBTM, I think his greatest strength is in NOT issuing pronouncements on every single issue. Some people like Limbaugh will tell you it’s senility, but I think it’s genius that he doesn’t speak out on everything, because then, it makes you listen and pay attention that much more.
The first federal Flag Protection Act was passed by Congress in 1968 in response to protest burnings of the flag at demonstrations against the Vietnam War. Over time, 48 of the 50 U.S. states also enacted similar flag protection laws as well. All of these statutes were overturned by the Supreme Court of the United States by a 5-4 vote in the case Texas v. Johnson, (1989) as unconstitutional restrictions of public expression.
After the Johnson decision, Congress quickly passed a new Flag Protection Act, which was also struck down by the Supreme Court the following year by the same 5-4 majority in the case U.S. v. Eichman (1990). The Court decided that expression through flag burning was constitutionally protected.
BUT…
Ruling in an important First Amendment case, Virginia v. Black, (2003) the U.S. Supreme Court said that states may outlaw acts of cross burning.
Uhh, ok, Mike, whatever apples/oranges comparison you were trying to make doesn’t make any sense at all.BTW all, click on Mike’s name; it takes you right to a far-right web page that says modern-day journalists are traitors. And other such bilge.
Just add another to the growing list of issues where the Eagle editorial board is out of step with the vast majority of Kansans.
Considering who constitutes “the vast majority of Kansans”, that’s probably not a bad thing.
Repuglicans didn’t actually want to win this one, they just wanted something to crow about at election time.Same goes for abortion.
You’re right, Tracy. Just another way to stampede the cattle.
AND JOE BLOWS it again.
Joe? Stop blowing while ya read. Or did you notice that this was not a header with an editors opionion. The header in fact quotes the wise war veteran Senator Inouye. Go back up and read those words he said.
I have been known to burn a flag now and again. I did so when george bush was appointed Preesident. If this Amedment had passsed the first thing I would have done is burn a flag.
I gave the reader a pause there. Got those hackles up reactionaries? Blood temperature elevating? Got the beginning of a clenched fist?I know there are those that do. For the better among them….I am sorry.
Settle down reactionaries. Let me tell you about the latest flag I burned.
On a walk to the store, I was passing through an apartment complex. Hanging half out of a dumpster, I saw a large, tattered American flag. It had been thrown in the trash. It was covered partially in rotten food and other garbage.
Now that flag was not treated that way because someone was angry at a denied freedom or a government outrage. No offended ideals or sensibilieties put that flag in the garbage. It wasn’t carelessy discarded to gain attention for some “outrage.” It was just thrown there, probably by the apartment maintenance man, after it fell down. Discarded and “desecrated” not for protest but simply because someone didn’t care to dispose of it properly. It made me sad. People have died for that flag. That flag has been burned in effigy to win rights and freedoms.
I stood there a long time.Coming back from the store, I retrieved the flag and took it home. Trying to gain as little attention in my open backyard as possible, I respectfully burned the flag.
I hope that little story makes the folks who want to ban flag burning think.
In dignity at the end of its useful life a flag is burned. For the flag to always FLY with the dignity to represent a free people, a flag must not be fireproof nor a government unquestioned.
JR: Nicely done.
My son’s cub scout pack does the same thing in ceremony to dispose of old flags.
JR-”The Senate Wisely (see, that mean, Good idea Senators!)Rejected Flag Burning Ban.” That’s the Eagle, not the Senator. Reading. Live it, learn it, love it.
I congress wants to make an amendment on the American flag, make one that states all American flags MUST be made in America.
You are correct Joe. The title of the thread is “Senate wisely rejected…..etc.
The eagle did a good job making its case that the Senate acted wisely though. The words of Senator Inouye say it so eloquently.
And you post that by reaffirming the Senates wisdom the Eagle “is out of step with the vast majority of Kansas.”
Well Kansas’s two Senators were not out of step. They were right along with “the vast majority of Kansas” in their LACK of wisdom!
That “vast majority of Kansas” includes “patriotic” folks who fly a flag year round, unlighted, in the rain until it is in ribbons. Just like the idiot across the street from me who voted for bush and flew the flag as I just described until it literally fell apart. Good thing he didn’t see me burn the flag I did the other day. He probably would have attacked me.
Well said J M. They might also make a law limiting the number of flags that politicians can stand in front of or car lots can fly.
Is it worse to burn the flag than to prostitute it?
Damn, it’s getting so a guy can’t walk down the street without having to step over a burning flag! The ban wouldn’t have done anything anyway, it is the rest of the countries of the world that are burning our flag!
They must be getting ready to reinstate the draft, and don’t want flag burning protestors on the street!
The flag itself is just a piece of cloth. What it stands for is what really matters. Burning a flag, even if it’s in protest or to make a point counter to what the majority of Americans believe in no way damages what it means. To pass an amendment against burning a flag does damage us. It infringes on the right of free speech, free expression.
I fought under that flag, I defended it, and many of my friends died for what it stands for. Let’s not get stampeded into an amendment that takes away from what that flag means.
The flag burning amandment is an answer that has no question. When was the last time you heard of anybody in this country burning a flag?
Just an idea, not to make any political point, but where does this stop? If we pass a law against burning the flag, what about dropping it or throwing it on the ground? It’s desecration to let an American flag touch the ground. Shall we create a penalty for that, too? What’s the difference? Throwing a flag on the ground arguably demonstrates just as much disrespect as burning it. What if it’s thrown on the ground and stepped on? That would piss me off as bad as seeing it burned… maybe worse.
What about displaying the flag? Is it desecration to display a flag on your Harley Jacket? How about on your jeans? Is it ok to have a flag on the leg of your jeans? How about on a back pocket? Who gets to decide what’s desecration and what isn’t?
XXX,
I seem to remember going through something about flags on clothing back in the late 60’s/early 70’s, but I’ll be darned if I can recall what happened. I have this fuzzy memory of it being banned from clothing or certain clothing, but it’s on them now, so…
Anybody remember this?
RD, our memory seems to be the first thing that goes (thank God!). I remember it being an issue, but I don’t recall what came of it besides pissing off a lot of people who wanted endless war.
A Flag burning amendment is such a bad idea. A slippery slope to more assults on freedom of speech in the future.
Can I burn a flag? Sure! Can I burn a cross? Sure!
How about wearing an American Flag underwear. Is that considered desecration of the flag?
I cannot believe it failed by one vote. Should have failed by a wide margin.
You start banning the free speech of burning a flag, you will soon get a ban on speech against religion and political parties.
It’s a shame it got this close. Really! I mean a real shame. I’m glad it lost. But with a margin of one vote, it will come up again.
I hope the Republicans just did this as a political dirty trick for the election and not as a serious endevour to really ban freedom of expression.
What happens when you put the symbol of your freedom before what it stands for? You destroy both. And if these pseudo patriots are so concerned about flag descration why was there no uproar over shrub signing his name on one during the last election? Does anyone think the repukes are starting to get a bovine feeling.
Burning the Flag may offend others, but so does flipping the bird to someone.
Burning the flag does not take away any freedoms from anyone. Its just a non-living object.
“You are correct Joe. The title of the thread is “Senate wisely rejected…..etc.”Thought so.Next!
“I congress wants to make an amendment on the American flag, make one that states all American flags MUST be made in America.”
After 9-11 we could not keep flags in the store. there were selling out as soon as a shipment came in. I went to the manager and said that we should make sure that all the flags were made in the USA. The suggestion went all the way to Bentonville.
I heard back, thank you and that they would be sure that they were.Prior to 9-11, I had seen some flags that were made in….Afganistan!
This isn’t really about the flag. It’s an attack against the first amendment.
There are people in jail for questioning the holocaust right now in Europe.
Joe, you’ve won that argument, by a “wide” margin.
Joe W, you’ve won that argument, by a “wide” margin.
I never thought Joe and I would share the same sentiment, maybe there is hope for democracy!