Humans could not exist without symbols. These representations of objects and concepts allow us to explore relationships between things and ideas in ways not otherwise possible. The American flag is of course a symbol, but a symbol of what? The answers to these questions are, I believe, at the heart of debates between supporters and opponents of laws outlawing burning or desecration of the American flag. Read Article: The American Flag as Symbol, But a Symbol of What?
Flag Burning: The American Flag as Symbol, But a Symbol of What?
By Austin Cline, About.com GuideJune 25, 2006
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The amendment says
“The Congress shall have power to prohibit the physical desecration of the flag of the United States.”
The ‘flag desecration’ amendment will be a farce and lead to more burnings. The amendment will have no force outside the USA, of course, and anti-U.S. rallies will delight in thumbing their noses at the US. Every time the U.S. politicians gets hot and bothered by flag ‘desecration’, the number of desecrations rises.
Moreover, there will a dozen ways to thwart the amendment within the US. For example, if I have a ‘flag’ with 15 stripes and 56 stars, it will look very much like a U.S. Flag when seen on TV news, but no one can be prosecuted for burning it because it is not the flag.
The language of the amendment omits “symbolic” desecration of the flag. So lightshows, photoshop movies, etc., can do all the desecration they want with impunity.
I wouldn’t be so sure.
Most state laws that ban flag desecration have wording that would cover flags with 15 stripes and 56 stars, so long as they give the immediate appearance of a genuine flag. They also cover photographs, pictures, and other representations of flags.
Most state laws that ban flag desecration have wording that would cover flags with 15 stripes and 56 stars, so long as they give the immediate appearance of a genuine flag. They also cover photographs, pictures, and other representations of flags.
The legal profession has some skills. Was it a flag? No. Did it look like a flag? Yes.
These boxer shorts have similar stripes and stars, and here is the butt of my girlfriend. Would you consider that burning these panties is flag desecration? Jury: could we see the other side of your girl friend, just to make sure?
If we have a banner with a green and white dinosaur on the left and 13 red&white stripes with a blue field and stars on the right, is that a flag? If the dinosaur is 50% smaller than the stripes, is that a “major depiction” of the flag? OK, 10%?
This is a full-employment opportunity for judges into the indefinite future as to what constitutes a “flag” or a “representation” of a flag.
Just to be safe, we better ban the burning of anything by anyone anywhere at any time.
Hey, you! Put out that cigarette! I bet you have a flag rolled up in that, don’t you?