Modifying the First Amendment to save the flag from a handful of thugs is not worth the hassle; in fact modification would show weakness. One who burns or maliciously defaces the flag — and it better be his own personal property — in public does it at his own peril. As I said a while ago if one thinks he’s funny or damnably heretical, he is free to barbecue the flag that he himself has paid for as long as its on his own property, but not in someone else’s backyard.
There are ordinances about setting things on fire on public property, hardly different from fireworks; the problem is in the enforcement, except when totally egregious such as a nut plucking from graves flags to burn on Memorial Day. But to make flag burning — demonstrative misbehavior, including fat red, white and blue buns parading on beaches — a free expression issue does a disservice to the First, which clearly engulfs the right to say — though the Fathers of intellect wanted to preserve rational articulation — even some awful things like: depends on what
is is, bring it on, or the kicks 9/11 widows get out of their husbands’ demise.
Far worse is Rev. Phelps and his deranged disciples who desecrate cemeteries; this is not an example of freedom of expression but rather direct and sadistic interference with the solemnity of the burial of war heroes — not to mention picketing gay deaths — and they should be prosecuted to the full extent of the law. Whether the burial be in a national cemetery or a family plot it is a solemn procession approved by the auspices of government to protect the public and private rights of family. This cult is indeed at risk; for if they continue, the 21 gun salute will be lowered and aimed at these despicable demonstrators.
Copyright © 2006 Richard R. Kennedy All rights reserved. Revised: June 27, 2006.
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