The House of Representatives has (again) passed a proposed amendment to the Constitution banning desecration of the flag, It reads (in full):
The Congress shall have power to prohibit the physical desecration of the flag of the United States.
It’s a piece of cloth. Like most symbols, it has no intrinsic value to itself. If it serves to inspire, it must do so because the nation for which it stands stands for something valuable. Something like Freedom of Speech. Freedom of Assembly. Freedom to Petition the Government.
Some people don’t get it.
Proponents, who say the amendment has overwhelming public support, say burning or otherwise defiling the flag goes beyond the bounds of free speech. “To burn a flag is to disrespect America and disrespect democracy,” said Rep. Phil Gingrey, R-Ga. “Desecration of the American flag is not a form of free speech. It is a challenge to the institutions that defend liberty. Our flag deserves to be protected and respected.”
When someone burns a flag, it isn’t the flag they are protesting against. It is burned as a symbol of someone’s displeasure with the actions and policies of the government for which it stands. Stifling the expression of that displeasure is contrary to the First Amendment.
Someone who does get it:
“If the flag needs protection at all, it needs protection from members of Congress who value it more as a symbol than for the freedom it represents,” said Rep. Jerry Nadler, D-N.Y.