Should ‘free speech’ protect flag-burning? Not how I read it.
Published: October 4, 2009
I’ve followed with some interest the bumbling around that has occurred in Congress and the Supreme Court regarding what constitutes “free speech.”
As I understand it (and I’m sure there will be one or two who will correct my understanding) the Supreme Court has ruled that a person may burn our flag with impunity as a display of his right to freedom of speech under the First Amendment to the Constitution.
The First Amendment states (verbatim): “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Now I have checked my Merriam-Webster for a definition of “speech,” and it is written therein:
Speech: Function: noun; Etymology: Middle English akin to Old English “sprecan” — to speak. Date: before the 12th century.
So for approaching 1,000 years it has meant “to speak.” Further, the first definition given is: the communication or expression of thoughts in spoken words. (Is burning the United States flag somehow “spoken words”?)
Second definition: exchange of spoken words; conversation.
Third definition: something that is spoken; utterance; usually public discourse.
Fourth definition: Language, Dialect; an individual manner or style of speaking.
Fifth definition: the power of expressing or communicating thoughts by speaking.
Nowhere do I see a reference to any action other than speaking being “speech.” The American Heritage Dictionary puts it similarly, as does the Encyclopedia Britannica.
Some elements within this country have brought arguments before the Supreme Court over what types of speech or expression (note the not so subtle extension of “speech”) are protected by the Constitution. This has permitted the Supreme Court to establish clarification, ergo the definition of speech has come to include not only spoken words but also symbolic speech (now resulting in a Supreme Court-coined utterance of “speech plus”).
So what was clearly understood for nearly a 1,000 years is now “speech plus,” and what will the Supreme Court rule when the next redefinition is requested?
In ruling on the burning of the United States flag (other than is permitted by the Code of Flag Etiquette), the court said: The burning of the American flag is considered “symbolic speech” and is protected under the First Amendment.
Hogwash.
* COL. LEWIS MILLETT: Due to the length of last week’s column, I was unable to list the medals earned and awarded to Col. Lewis Lee Millett, veteran of World War II, Korea and Vitenam. Included in the medals awarded to him by the United States are:
Congressional Medal of Honor; Distinguished Service Cross; Silver Star; two Legions of Merit; three Bronze Stars; four Purple Hearts; three Air Medals; and the Army Commendation Medal.
Bayne’s column runs every Sunday on the editorial page.
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Reader Reactions
Shouldn’t you be more worried about defining this law/amendment you want and less about how funny I am. Oh, I get it, it’s simply a diversion so you don’t actually have to do that.
AGAIN the “winky smiley guy” means NOTHING to rjma.
I am really starting to think you actually ARE as humorless as you come across in m ost of your posts.
“Fun? We don’t ALLOW no FUN around these parts!“
And, if the “Winky Smiley Faced Guy” disn’t give it away, the Jonathan Swift reference certainly SHOULD have.
Again. Sheeesh.
Wayne- Your “modest proposal” requires an amendment to the US Constitution which is a serious and not inconsequential matter.
Actually seeing a flag getting burned. Maybe I just don’t watch fox news enough. I did a youtube search under “flag burning” and I saw one demonstration where they did try to burn a flag but maybe it was made from some fire-retardant material because they weren’t very successful. I suppose someone collects videos of video flagburnings but I simply can’t recall seeing one in the general media since maybe the Vietnam War.
But I don’t doubt that they probably happen but is it really a big enough problem that we need a constitutional amendment?
And you still don’t answer the question of “what is a flag”.
Oh, I’m just trying to make this complicated you say. All right, how about a 10’ paper flag vs. a 2” poly flag. Which should be covered under your proposal? Both? Only one? Why?
Now change it from 10’ poly flag to 2” paper. Do you feel the same?
Actually I believe under the “Curse and abuse” statute, it is illegal to utter or do anything that might incite a reasonable person to violence. Such as laughing at someone’s funeral.
Let me know when you have a specific proposal ready.
A Modest Proposal.
Because our flag is a special symbol of our country, has very deep and personal meaning for most citizens, and evokes strong emotions in many many people, I think it is deserving of a bit more protection than a simple bed-sheet.
However, there are those who view it as nothing more than a “piece of cloth” or some form of “evil” symbol; and those people have the same 1st Amendment Rights as everyone else.
So, I have a compromise solution, “a modest proposal”, such as it is. It respects the rights of those who wish to be “flag burners” AND the rights and patriotism of those who do not wish to see real U.S. flags desecrated. However, to be successful, it will require compromise on BOTH sides.
My “proposal” involves a pair of “rules” regarding “flag desecration” which would need to be strictly enforced. They are proposed as follows:
Rule #1 - If a person wishes to burn a “U.S. flag” they much PURCHASE it, make it themselves or they must receive it as a gift from someone else who purchased it or made it themselves. If these conditions are met, and if they declare it to be a “piece of cloth” and wish to burn it, then all of us must respect their right to do so. We will all agree that if the “flag-like piece of cloth” actually BELONGS to the person burning it, then it is no longer a U.S. flag, it no longer carries the weight and symbolism of a flag owned by a decent person, and it is theirs to do with as they please.
Rule #2 - If a wanna-be flag burner STEALS a flag or flags from any individual or corporation or from any public building and/or flag pole and proceeds to burn, or attempt to burn it, then any or all witnesses to the act are permitted and encouraged to use ANY means at their disposal to prevent the burning of the flag and return it to its rightful place. These witnesses will, of course, be encouraged to call 911 to report the theft as soon as they are finished using any means at their disposal to prevent the burning of the flag and return it to its rightful place.
PS – rjma – I am amazed that you have never seen anyone burn or attempt to burn a U.S. flag (or were you referring to “in person”?). There were MANY flags burned at the various anti-Bush/war protests over the last 6 years. There was a fair amount of coverage of it on (some of) the television news stations, and much discussion and many photos/videos of it on the internet.
I DID enjoy one incident which was caught on video and reported on a certain news channel. In fact, it may even be the genesis of my “modest proposal”. The video and report were shot at an anti-war protest about three years ago. The video shows a U.S. Marine “wading” into a large, hostile crowd of “demonstrators”, one of whom was showing his “support for the country but disagreement with its policies” by attempting to burn a U.S. flag which he had removed from one of the many poles surrounding the Washington monument. The Marine, who had already stood by and watched as this “protester” burned several other flags which he had apparently brought to the event, stepped up and took the Wash. Monument flag from his hands. He very calmly said “You’re not burning this one. This one’s MINE”. The “brave” protester blustered and profiled a bit about what he was going to do, but gave up when it became apparent that he lacked whatever “it” is that the Marine had. The news report in which I first viewed that video stated that the Marine left the scene and returned the flag to the U.S. Park Police. Of course, that video and story was NOT shown on CNN, MSNBC, CBS, ABC or NBC news, so I will not be at all surprised to hear that you have never seen or heard of it.
Beckett you took an oath to defend the right of ignorant people to do what the Supreme Court says the Constitution allows. Don’t forget it. Realize you are not the only one to ever take that oath and don’t think your opinion is the only one held by anyone who ever took that oath.
Even though I took an oath to defend your right to do it I still wish you would quit acting so pompous.
Sure I don’t agree with flag burning as a form of protest, but I have one thing to point out. The proper way to dispose of a flag is to burn it. Kind of ironic.
Looks like it’s time to add another item to the conservative hypocrite list . . . I’ve long found that conservatives want the federal government to not be involved in individual rights, unless the individual wants to engage in a loving relationship with someone of the same sex or terminate a pregnancy. Add burning the US flag to the list. I am in no way, shape or form advocating the burning of the US flag, I just wish conservatives would make up their minds . . . do you want the government to legislate individual rights, or don’t you?? The Constitution doesn’t flatly state anywhere the legal status of burning the flag, and conservatives cling so tightly to the letter of the Constitution . . . what say you about that?
For a group of people who so firmly believe in individual rights and liberties, why be so concerned with the actions of others?
Jerry, I’m not going to engage you in a conversation of how much more of an American you are than I.
Basically attacking me is simply a defense mechanism for yourself to prevent you from having to actually look seriously at the issue. I’ll simplify for you.
1. Is it a problem seriously enough that Congress needs to address it?
Ever seen anyone burn a flag, know anyone who has seen same? Ever read about anyone burning a flag…..in the past 40 years.
If you think that it is such a serious problem that proceed to #2.
2. If you are going to ban flag-burning, you’ll have to define exactly what a flag is. Lawmaking can be fussy that way. Can you do that?
Not so much fun anymore is it?
Mr. Legge, our flag “old glory” has been the symbol of our country since its inception. It symbolizes our strength, our courage, our honor, our unity. “E PLURIBUS UNUM”, out of many, one. In a country where everyone would appreciate and love what God has given us, and the price in blood that the military has paid to keep us free, laws of this nature would not be needed. However, millions of so called Americans like yourself who would not lift a hand to protect our country, who are ready and willing to trash her at every opportunity, who seizes every chance to demean her are not worthy of the title of being called an American. Freedom is every ones business, please spare me that everyone who pays taxes are good Americans. Thank God, even though there are many like you, all of you are still in the minority in our Country. Every year, the American Legion and various other service organizations hold a flag disposal ceremony. The American Flag is so revered by us, that we follow the proper guidelines and procedures to dispose of our flags in a respectful and honorable manner. Yes, there are some laws, that are needed to protect our honor, our symbols of freedom, that many have died for. The American Bald Eagle is another of our great symbols. I’m sure that you and the Supreme Court would advocate that the burning of the American Bald Eagle would fall under the term of “symbolic speech”. In my opinion, both you and the Supreme Court knows what you can do with that notion. There is nothing symbolic about what I just said. “COWARDS die a thousand deaths, SOLDIERS die only once” Now, that is what I call freedom of speech. Jerry R. Beckett
Whenever anyone is considering enacting a law, I’d hope they’d ask first “Is there a problem we should try to fix?“.
In this case-Is there a big problem of lots of people burning their US flags in public?
Maybe Mr. Bayne can cite some examples, but I can’t remember reading of any in recent years.
If someone wants to burn a flag in the privacy of their backyard where no one can see, do we really want to enact a law to prevent that? I think if someone burned a flag at a VFW event or a military funeral that should be covered by our curse and abuse laws- generally an action likely to incite violence.
If you really want to see more flag burning, by all means, outlaw it. Of course, any flag burning law will have to define what a flag is. Is a flag made of paper a “flag”? IOW would burning a Star Exponent with a flag in a advertisement be “flag-burning”? Would burning a 2-inch flag carrying the same penalty as burning a 3’ cloth flag?
If you’re really concerned about desecration of the flag you should discourage the use of flags on clothing, hats and in advertisements.
And no, I don’t advocate anyone burning their flag.
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