Once again, one of the most idiotic threats to Constitutional Freedoms rears its foolish head in an attempt to politically pander to as many uninformed voters as possible
The wearisome issue of legally banning the US flag's physical defacement is again on the public agenda, mainly because Hillary Clinton, once a real inspiration to so many of us libs & progressives, has decided to move further to the right
The disappointment & anger at Hillary Clinton's distancing herself from her liberal supporters will be dealt with in another post, but let's deal with the bigger issue here
The most important real-world fact with this legislation is that it's only window dressing of the cheapest sort, only a Constitutional Amendment banning flag defilement for political reasons will pass muster with the Supreme Court
Anything less than a constitutional amendment will get struck down with the first challenge the Supreme Court hears on the issue
Now, the problems such an amendment would create if actually enacted
Which US flag-EXACTLY-is covered by the C.A.?
Is it the current 50 star version only?
How about other counter-culture versions of the flag, say the one with a peace symbol in place of the stars?
How about burning a picture of the US Flag, and if so, does that apply only to color photographs, or b&w and sepia toned pictures as well?
How about drawings, would burning flag drawing be breaking the law here, and if so, would it depend on how well-done the artwork is? And if someone deliberately draws as bad & goofy a picture of the US flag as possible, is that a legally punishable offense?
How is using napkins & paper plates with US Flags on them NOT breaking the law, for that matter, what about cakes decorated as the flag, would it now be a jailable offense to eat such an offering?
Is one allowed to throw away those full-page US flags printed in so many newspapers on July 4th, or are we required to save them, and if so, how reverently must they be stored & maintained to avoid going to jail?
Will the largest groups which burn flags-the Boy Scouts & Veterans Groups-now be prohibited from disposing of old & worn out flags, or will they get a special dispensation to violate the law others would get punished for breaking?
If they get that dispensation, what kind of signal does that send to children, that a group can break the law that applies to others?
How does gutting the 1st Amendment expand freedoms people have died for in combat, how does it make us a safer society, how does it put money in one's pockets & food on one's table?
What is the difference in chemical compositions of flags defiled to make a political point vs those burned for being old & worn out, and since there is none, then how can one's intent possibly be determined with anything short of an uncoerced confession?
Say I videotape myself burning an old, worn out flag, and I state that I'm doing it to both show it proper respect AND to protest a governmental policy, the issue then becomes what was my intent at the moment the flame caught the fabric
I think the term "ThoughtCrime" applies best here
How many people have actually seen a flag burned right in front of their own eyes-NOT on tv, but something witnessed itself?
Not many I'd venture, as this is something that happens so rarely in this country that it makes the news when it does occur, so is it really worth changing the Constitution to prohibit something very few of us ever witness in person?
Politicians who use the flag as a political prop/backdrop at any campaign function defile it far worse than anyone else they condemn on the issue, and when people really think about what such a CA would actually entail, they end up being against the idea
Whcih means all of us who love & use the 1st Amendment have a lot of reaching out & making our case to do with the very constituents the politicians are trying to attract with their cheap, tawdry & politically offensive pandering, we have logic on our side, and we will keep this Amendment from ever making it into the Constitution
The wearisome issue of legally banning the US flag's physical defacement is again on the public agenda, mainly because Hillary Clinton, once a real inspiration to so many of us libs & progressives, has decided to move further to the right
The disappointment & anger at Hillary Clinton's distancing herself from her liberal supporters will be dealt with in another post, but let's deal with the bigger issue here
The most important real-world fact with this legislation is that it's only window dressing of the cheapest sort, only a Constitutional Amendment banning flag defilement for political reasons will pass muster with the Supreme Court
Anything less than a constitutional amendment will get struck down with the first challenge the Supreme Court hears on the issue
Now, the problems such an amendment would create if actually enacted
Which US flag-EXACTLY-is covered by the C.A.?
Is it the current 50 star version only?
How about other counter-culture versions of the flag, say the one with a peace symbol in place of the stars?
How about burning a picture of the US Flag, and if so, does that apply only to color photographs, or b&w and sepia toned pictures as well?
How about drawings, would burning flag drawing be breaking the law here, and if so, would it depend on how well-done the artwork is? And if someone deliberately draws as bad & goofy a picture of the US flag as possible, is that a legally punishable offense?
How is using napkins & paper plates with US Flags on them NOT breaking the law, for that matter, what about cakes decorated as the flag, would it now be a jailable offense to eat such an offering?
Is one allowed to throw away those full-page US flags printed in so many newspapers on July 4th, or are we required to save them, and if so, how reverently must they be stored & maintained to avoid going to jail?
Will the largest groups which burn flags-the Boy Scouts & Veterans Groups-now be prohibited from disposing of old & worn out flags, or will they get a special dispensation to violate the law others would get punished for breaking?
If they get that dispensation, what kind of signal does that send to children, that a group can break the law that applies to others?
How does gutting the 1st Amendment expand freedoms people have died for in combat, how does it make us a safer society, how does it put money in one's pockets & food on one's table?
What is the difference in chemical compositions of flags defiled to make a political point vs those burned for being old & worn out, and since there is none, then how can one's intent possibly be determined with anything short of an uncoerced confession?
Say I videotape myself burning an old, worn out flag, and I state that I'm doing it to both show it proper respect AND to protest a governmental policy, the issue then becomes what was my intent at the moment the flame caught the fabric
I think the term "ThoughtCrime" applies best here
How many people have actually seen a flag burned right in front of their own eyes-NOT on tv, but something witnessed itself?
Not many I'd venture, as this is something that happens so rarely in this country that it makes the news when it does occur, so is it really worth changing the Constitution to prohibit something very few of us ever witness in person?
Politicians who use the flag as a political prop/backdrop at any campaign function defile it far worse than anyone else they condemn on the issue, and when people really think about what such a CA would actually entail, they end up being against the idea
Whcih means all of us who love & use the 1st Amendment have a lot of reaching out & making our case to do with the very constituents the politicians are trying to attract with their cheap, tawdry & politically offensive pandering, we have logic on our side, and we will keep this Amendment from ever making it into the Constitution
2 Comments:
BRAVO! I couldn't agree more and I now think that Hillary has completely lost her mind.
You brought up several points I hadn't thought of. Thanks.
By Anonymous, at 1:34 PM
You brought up valid points. I still believe that the American flag made of cloth not paper or anything else should not be burned. It represents the United States of America. I agree that our country and its leaders are at odds but burning the American flag is not the answer. The law should be very specific. To me, the flag represents generations of soldiers,their families, and many other people along with their diversities. It represents the lives lost to protect our way of life. It is a symbol of what we should be, what we are now, and what we have been. I don't believe it should come with a prison term but maybe a stiff fine.
By Anonymous, at 12:33 AM
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