T Nation

Flag Burning Amendment


In case this hasn't been done before, what are your guys's thoughts on this?

I am vehemently against any such law, let alone an amendment. I'm always open minded, so I'd really like to hear any conservative's thoughts on why an anti-flag burning law/amendment ISN'T a violation of the 1st. At the moment, all reasons escape me.


Well, I don't like the idea, but to your question.

The point of creating a flag-burning amendment is to take flag-burning out of the coverage of the First Amendment.

Definitionally, a new Amendment cannot be in violation of the First Amendment because the First Amendment is no longer superior law - they are theoretically equal. That is the point of amending the Constitution rather than creating an ordinary federal law.


I'm not one to spew on political issues but if someone wants to burn the flag...let em, as long as we are allowed to burn the flag burners. WHat's fair is fair...


Burning flags is stupid. Flag burners are stupid.

If it is their own flag, then they should be able to do whatever they want to it.

I realize many people consider it to be an important symbol, but it is only a symbol created by us. It represents the USA, but it is not the USA.



Burning the flag is disrespectful and I get angry when I see it, but I don't believe there should be a law against it as long as it's not causing any physical harm to anyone.

I would get pissed if anyone burned a picture of my daughter, but that's not breaking the law, and yes, in my eyes my daughter is more important than any flag, or even this country. Given the choice I'd pick my daughter over anyone and anything.


Exactly. They only brand themselves as idiots when they burn a flag.


From the Simpsons:

Amendment Song Lyrics

Boy: Hey, who left all this garbage on the steps of Congress?
Amendment: I'm not garbage, kid.

I'm an amendment to be
Yes an amendment to be
And I'm hoping that they ratify me
There's a lot of flag burners
Who have got too much freedom
I wanna make it legal for policemen
To beat 'em 'cause there's limits to our liberty
At least I hope and pray that there are
'Cause those liberal freaks go too far

Boy: But why can't we just make a law against flag burning?
Amendment: Because that law would be unconstitutional
But if we CHANGED the Constitution...
Boy: Then we could make all sorts of crazy laws!
Amendment: Now you're catching on!

Bart: What the hell is this?
Lisa: It's one of those campy 70s throwbacks that appeal to Generation X-ers
Bart: We need another Vietnam. Thin out their ranks a little.

Boy: But what if people say you're not good enough to be in the Constitution?
Amendment: Then I"ll crush all opposition to me
And I'll make Ted Kennedy pay
If he fights back
I'll say that he's gay
Congressman: Good news, Amendment! They ratified you.
You're in the U.S. Constitution!
Amendment: Oh yeah! Door's open, boys!

(sounds of gun and bomb-toting amendments running into the Capitol)


Hahaha. Nice.

It is a right of protest just like anything else. Its kind of dumb when Americans do it, and I personally wouldn't show that much disrespect to it. Even if you don't like what it stands for now, don't deny the history.

But to make an amendment? That would be a bad thing...nothing like promoting Nationalism though...


Thank you for your wonderful censoring job there. You completely missed the point obviously.

Did you actually read my post, or just the first couple of lines?

Yes I really do find flag burning foolish, as most protesting is, yet if that's what they want to do, more power to them. I disagree with any amendment protecting the flag.

Did I explain it well enough, or do I need to dumb it down even more?


[quote]The Mage wrote:

Go get something called humour, it helps sometmes.


Exactly its just not practical to have a law against flag burning. If it was enforced then we would have the ACLU types burning it regularly. I choose to let the conflict go b/c if they want to be a jackass and burn their flag thats their deal. BTW it does piss me off when i see flag burning on TV i wish these idiots that think america is so stupid should find a country where things arent and live there


There are some things in a free society that might not be to certain people's liking. Flag burning is one of them.

If the person owns the flag and wants to burn it then so be it.

When you think about it there are plenty of idiots all around us. We can't make laws to stop them from acting like idiots, all we can do is tolerate them.

Oh ...and we can make fun of them too, that's our right :slight_smile:


Come on Neville, you didn't even get my not so subtle humo(u)r?


It's even more fun when they actually think they are intelligent.


No laws AGAINST it but maybe the "law" can look the other way when we pro-America people stomp out the fire AND stomp out the offender. Then maybe he or she can be arrested and/or fined for having an illegal campfire.

I've never had much respect for "symbolic" protests. If you want to effect a change, burning a flag sure wont help.

You may as well burn a hunk of cheese when the Green Bay Packers lose a game for all that it would acomplish.


Now there is only one reason to burn a flag in my book. And that is if it touches the ground. Say like a honor guard drops the flag when he or she is bringing it to the pole then the flag has to be burned. And then the honor guard needs his ass smoked. Why do you think they hold it with both arms wrapped around it.

Now let me try to explain what it means to see the flag flying high over your base or camp when you are in Iraq or where ever and you are comeing back from a long convoy or for some reason the LT had the map upside down and you ended up lost in the desert and all you can see when you finally get close enough is that flag flying over head you know you made it back. Its hard to put into words what it feels like to see that flag. It means we are finally atleast somewhat safe. We made it back home. We can take a deep breath and relax a little.

That flag stands for everything good and everything that we have faught for all the years past and all the people that have died protecting what it stands for.

I know if I see someone burning a flag and I can do something to stop it then I will. I may get my ass kicked but thats just an ass kicking I would be willing to take.

Burning the flag to show that you dont like the way things are going in this country is the wrong route to go in my book. You have the right to protest all you want. So find something else to burn to prove your point.



I mean if you want to burn a flag burn this one. They burn ours all the time.


Leave this one alone.


Right on the money. At the begining of OIF, we couldn't have our flag out because we didn't want to offend the Iraqis or make it look like we were imperialists. The first time we put it up from the antenna on a HUMMV(while we were inside our own perimeter)it gave me chills.

Under the 1st Amendment, not all forms of speech are protected as "free speech" Some things are refered to as "fighting words" Currently, flag burning doesn't fall under this description becasue it is "symbolic speech" like burning your draft card back in Vietnam. (It was illegal to destroy it, but if you did it for expression, then it was ok). So, if there were more fights occuring over this, maybe a judge would rule it as being "fighting words" and we wouldn't need an amendment. We should screw with the Constitution as little as possible.
-"Before you burn my flag, let me oil my gun"