Banning the Burning?

I’ll never forget the weeks and months after September 11th watching the proliferation of flags on homes, automobiles, businesses, you name it. My son, not quite three at the time, would count all the flags he saw as we drove around town and I marveled at the flag’s presence. Little by little those flags went away, first on cars, and then elsewhere. I miss them and the small voice in the back seat reaching his upper counting limit less than a mile down the road.

This week leading up to July 4th our nation’s Senators debated the merits of a Constitutional amendment banning flag burning. On Tuesday the amendment failed by 1 vote.

Like most of America I abhor the act of burning Old Glory. Other than for the respectful and appropriate retiring of a used flag, flag burning flies in the face of all that I hold dear; respect for our country, our collective heritage, the service of all our soldiers for well over 200 years, the sacrifices made in the name of liberty.

And yet, adding this amendment to the Constitution, as living and breathing a document as you will ever find, raises flag burning to the level of women’s suffrage, presidential succession and income taxes.

Why would America need this law? The roots of American culture are under attack from all directions every day. Should the kids say the Pledge of Allegiance, because it mentions God? Prayer in schools stopped years ago. Would an amendment to the Constitution protect American culture or open us up to more divisiveness?

Most of the states already adopted various declarations opposing flag burning and the House of Representatives voted in favor of the Amendment. So, why did the Senate block the passage of an amendment it seems most of the country wants? Why, in fact, was it proposed in the first place?

Well, to answer the latter, primarily to take back the right to ‘protect’ the flag from the Supreme Court ruling in 1989 that categorized flag burning as part of freedom of expression. Republican Orrin Hatch proposed the amendment in an attempt to show that the people have more right to decide this issue than five unelected judges. Most Democrats opposed the measure overall, while still condemning the act itself (Sen. Kerry called it “stupid”). So, was it a partisan issue? Not really, the measure needed to pass by a 2/3rds majority and only lost by 1 vote (66 votes instead of the necessary 67). The Senate is split 55 Republican, 44 Democrat and 1 Independent. So, at least 10 Democrats had to cross that aisle.

Why did it lose? I’m not sure. Perhaps those Senators know something the rest of us do not.

I think the issue boils down to respect. Respect for all the things sacred to American life, in a way, which our Flag represents. At the end of the day, however, respect cannot be legislated. Surely we do not allow our government to regulate manners, dignity, respect or pride. We teach those ideals in our homes, our schools, and in our communities through various expressions such as parades, festivals, baseball games, and even giant flags on cell phone towers (though that one could send mixed message).

The flag is rarely burned now, the wind taken out the proverbial sails by the lack of taboo that made it interesting to those less imaginative rabble rousers. Mostly our enemies on foreign soil burn the American flag, occasionally even lighting themselves on fire while doing it (an ironic but somewhat delightful twist).

Perhaps the problem is that respect for the flag and the way to honor its symbolism isn’t taught much anymore. Perhaps making a constitutional amendment would reenergize interest in how to handle the flag. Perhaps not. I submit that had that amendment passed, we would have seen more flag burning the following week than in the last 5 years combined. But that’s unscientific and unproven.

Burning the flag is offensive. Funny how that Neo-Orwellian think-speak called political correctness categorizes offending soldiers and patriots by burning the flag as ‘correct’ while stopping the offense by making illegal flag burning would be ‘incorrect.’ This banal logic makes my head swim.

As offensive at flag burning is, offending people is not illegal, nor should it be. Once we legislate that, we’re all in serious trouble. Flag burning shows a certain level of simplemindedness, but simplemindedness is not illegal either.

One thing is clear, with an amendment that lost by so close a vote, expect this one to reappear, especially if a few more Republicans join the Senate after the mid-term elections this autumn.

So, in honor of the Fourth of July and the failure of the Amendment I reprint here the Standards of Respect of Flag Etiquette. Have a happy and safe Fourth.

The flag should never be dipped to any person or thing. It is flown upside down only as a distress signal.
The flag should not be used as a drapery, or for covering a speakers desk, draping a platform, or for any decoration in general. Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top.
The flag should never be used for any advertising purpose. It should not be embroidered, printed or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use. Advertising signs should not be attached to the staff or halyard
The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, fireman, policeman and members of patriotic organizations.
The flag should never have placed on it, or attached to it, any mark, insignia, letter, word, number, figure, or drawing of any kind.
The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms. To store the flag it should be folded neatly and ceremoniously.
The flag should be cleaned and mended when necessary.
When a flag is so worn it is no longer fit to serve as a symbol of our country, it should be destroyed by burning in a dignified manner.