It’s fluttered on the moon. It was held up by a group of soldiers at Iwo Jima. It’s been burned in protests.
Old Glory. The red, white and blue. Stars and stipes. Whatever the name, the American flag is one of the most recognizable symbols worldwide. Lovers and haters of the United States attach their connotations to the flag.
As another Fourth of July sneaks up, and Americans get ready to blow out the 229 birthday candles, the debate over proper treatment of the flag and protected speech continues.
Last Wednesday, the United States House of Representatives approved a constitutional amendment to potentially give Congress the power to ban desecration of the American flag. The amendment passed the House by a 286-130 vote.
Now the amendment goes to the Senate where a two-thirds majority vote is needed to pass. If the amendment passes the Senate, the debate goes to each state, needing 38 out of 50 states to ratify.
Representative Mike Rogers of Michigan’s 9th District, an original cosponsor of the measure, released a statement on June 22 regarding the adoption of the amendment:
‘As an American and a veteran, I believe it is disgraceful to stoop so low as to desecrate our flag. Our American flag, a symbol of our national history and future, serves as a tribute of respect to those who have fought and many who died defending this nation against tyranny and terrorism. To disrespect our flag is to disrespect the sacrifices made by so many that we all might live free.?
For Carnie Jackson, a World War II veteran and Judge Advocate of the American Legion of Oakland County, the flag has an irreplaceable value worthy of the highest Constitutional protection.
‘The flag’s a symbol of freedom and beliefs. People have to remember we are veterans who saw soldiers coming back with the flag draped over their caskets. Just like the Statue of Liberty, the flag stands for everything that’s right or strong about the U.S.? said Jackson.
Jackson, who worked as a sergeant in the Air Force from 1968 ? 1971 intercepting enemy Morse code transmissions, can recognize a veteran when the flag is present.
‘When you’re in a parade and you see someone with his hand over his chest as the flag goes by; there’s a good chance he’s a veteran,? said Jackson.
According to Jackson, the American Legion is an organization authorized by the federal government to perform military funeral services for veterans.
As a member of the American Legion for the last 18 years, Jackson has seen the powerful impact the flag has on the families of dead soldiers and veterans.
‘The family is so grateful. You can see the way they clutch the flag. It’s something the veteran earned and it’s our last tribute to them,? said Jackson. ‘At the funeral, we turn to the family and say ‘We present this flag on behalf of a grateful nation,? and hand them the flag. Afterwards, there’s a 21-gun salute and ‘Taps? plays. After ‘Taps,? there’s never a dry eye.?
Opposition to the amendment often centers around discussion of First Amendment speech rights. According to the American Civil Liberties Union’s Web site, the amendment for flag desecration is unconstitutional and unnecessary.
The site lists the following reasons as support:
‘The amendment is injurious to one of the very freedoms the flag symbolizes: free speech.
‘Freedom cannot survive if exceptions to the First Amendment are made when someone in power disagrees with an expression.
‘This flag desecration amendment is a solution in search of a problem.
‘This amendment would be the beginning, not the end, of the question of how to regulate a certain form of expression.
‘The United States Supreme Court has ruled consistently that flag burning is a form of speech protected by the First Amendment.
Some other area politicians have voiced their opposition to the flag amendment as well.
In written statements provided through Michigan Congresswoman Carloyn C. Kilpatrick’s press secretary, Kilpatrick wrote the following:
‘The constitutional amendment would open a Pandora’s box of litigation, given its vague wording. What constitutes a flag and what is desecration? The main objective of the First Amendment is to stop Congress and the courts from picking and choosing what kinds of speech are permitted. It is clear that what would be regulated by this amendment is not physical desecration of the flag, but sentiments expressed by the action.?
In a speech on the Flag Desecration Amendment given to the House floor, Michigan Congressman John Coyers, Jr., said the following as part of a longer statement on the issue:
‘Few Americans favor burning the flag. I personally deplore desecration of the flag in any form, but am strongly opposed to this resolution. This resolution goes against those ideals the flag represents and elevates a symbol of freedom over freedom itself. If adopted, this resolution would represent the first time in our Nation’s history that the people’s representatives voted to alter the Bill of Rights to limit the freedom of speech.?