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. Flag Burning Amendment? AGAIN? |