Actually, it should pass, but not for the reasons that supporters want. While I support the right to free speech, arson is illegal already. Make flag burning illegal, please, for our safety and the safety of anyone who would waste their time making an empty statement, such as burning the flag. Just so long as the amendment does not restrict our right to stomp on the flag, tear up the flag, wipe our asses with the flag, or write seditious remarks in the white stripes (so that they are underlined in red). The First Amendment should allow us the ability to infringe on each others' comfort, but not on each other's safety.

Rattle wrote:
Some quick thoughts about the flag burning issue, since the conservatives are currently using it to pander to their base..

This is from Texas v. Johnson (491 U.S. 397):

If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.

In reaction to this decision, Congress passed the Flag Protection Act of 1989. There were two reactions. First, more flags were burned following its passage then at any other point in American history. Second, the court promptly smacked them down in US v. Eichman (496 U.S. 310), leaving an amendment as the only option to enforce a flag burning law. In every Congress since, a bill for a flag burning amendment has been proposed. That's six times. It died in the Senate _twice_. The past three bills were not even able to pass the house.

This is a waste of time. If it does pass, the result will be a bunch of burning flags. This is counter productive and stupid.