Flag-Burning Amendment Fails

I was relieved to see that the flag burning amendment failed to pass the Senate by one vote. I’ve always felt that adding a new amendment to the Constitution in the modern age is nearly impossible. There just doesn’t seem to be those galvanizing causes that will get the House, the Senate, and two thirds of the States to all agree on for a bill to become an actual amendment. That being said, it does get uncomfortable when the votes get that close.

Frankly I’ve never understood the push to have an amendment protecting the flag from being burned. I’m all for honoring the symbols of our country, but ultimately freedom of expression trumps a symbol. Just because you have attacked a symbol doesn’t mean you have harmed the ideal, belief, government or person the symbol represents. You have expressed you opinion of what that symbol stands for. The only real harm you have done is burn a piece of cloth.

Ed Stenger links to a short but interesting post about the amendment’s failure to pass. It highlights the inability of proponents of the amendment to understand that freedom of expression in America encompasses both the views you agree with and the ones you do not.

"Flag burning is a form of expression that is spiteful or vengeful," the five-term senator said. "It is designed to hurt. It is not designed to persuade." – Senator Arlen Specter

Great grasp of the Bill of Rights there Senator.