Both South Dakota Senators voted for the flag amendment yesterday. The Supreme Court of course some years ago ruled that burning the U.S. flag is protected under the First Amendment. There is the adolescent "who are you to tell me what to do" argument against the amendment by folks such as Ryan Sager over at RCP. But of course we have all sorts of limitations on speech rights (e.g., defamation, "fighting words," time, place and manner restrictions, etc.). It is not nuts to say that a nation has the right to protect its sacred symbols from desecration. At the same time I think the First Amendment gives very broad protections to political expression. So, I find myself agnostic as to whether flag burning is protected by the Constitution. I see solid arguments on both sides. But until there is a rash of flag burnings that undermine public order, I don't see a need to amend to Constitution.
Recent Comments