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Content Created: April 27, 2000 / Updated: November 17, 2001
The answer to this question that comes up before the US Congress every so often is simple: don't do anything about it.
There are a couple reasons. First, amending the Constitution for something as minor as outlawing burning a piece of cloth is absurd. Now, freeing the slaves, that's important. Granting women the right to vote, important. Lowering the voting age, important. (We won't get into the silliness of Prohibition...) Criminalizing burning a flag? Unimportant. At least, not important enough to change the main document describing our government.
Second, I don't think that it's necessary. If people want to burn the flag to make a statement, let them. Not don't get me wrong, I love my country, and would hardly ever consider burning one myself. But it is an important symbol of one's displeasure that should be allowed, and is protected by the First Amendment.
The argument can be made that burning a US flag is treasonous, and provokes "love it or leave it" reactions in many people. Well, this country was not founded to have only one point of view. Our government was designed to protect the minority from the excesses of the majority. There is certainly room for disagreement in our country. Burning a flag is a little extreme, but (provided it's done responsibly) harms no one. Burning a flag is not the same as burning the United States. They are not one and the same. The Stars and Stripes is one symbol of the US. A symbol, not the real thing. Flicking one's Bic on a US flag will not cause Nebraska to spontaneously combust.
Need I bring up that the correct and respectful way to dispose of a worn-out flag is by burning it?
Another troubling thing about legislating (in whatever manner) against flag burning (ripping, spitting on, etc.) is how does one define what a "US flag" is? And under what circumstances burning it is illegal? Obviously dumping gasoline on a full-size cloth flag and lighting it would be covered, but what about ripping up flag decals? Sharpening a flag pencil? Walking on a flag floor mosaic? Skipping across it? (You're scuffing it...) Getting US flag swimsuits wet? Having an "accident" in US flag underwear? You know, if the flag was painted on the side of the Space Shuttle's external tank, NASA could be brought up on charges when the tank does its usual burn-up over the Indian Ocean.
I do put a lot of significance on the US flag, don't get me wrong. But I consider efforts to protect something that doesn't need it to be wrongheaded. There are much more important things to be done than worrying about people burning the US flag.
November 16, 2001: I have noted that the comic Doonesbury dealt with this topic back in 1989; here are a couple links to comics then. It's kind of interesting how my line of discussion above matches up with that in this comic: August 13, 1989 And then there's this one: November 5, 1989
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