Protecting the US Flag
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- Written by: Rex M. Rogers
The most recent U.S. flag desecration amendment failed to pass in the United States Senate by one vote. It’s the fifth time such a measure has failed in the Senate since 1990. The House of Representatives has approved an amendment seven times in that period.
The Senate's 66-34 vote did not strictly follow partisan lines with Republicans “for” and Democrats “against,” but it was close. Only 14 Democrats voted for the amendment while 3 Republicans voted against it. But this issue is about much more than partisanship.
Flag desecration is an emotional issue because it is by definition a patriotic one. People tend to measure one another’s patriotism based upon how he or she views flag desecration laws. It’s a game of “More patriotic than thou.”
On the one hand, “desecration” is difficult to define. If the amendment passed, would I have to give up my U.S. flag golf club headcover? Is my headcover desecration or, as I intend, is it a patriotic expression? If the amendment passed would we need to rid our house of flag stickers, flag colored jewelry, flag decorated clothing? Or is this not desecration but more patriotism? If burning a flag is desecration, than why are we instructed to burn flags when the material wears out?
On the other hand, while “desecration” may be difficult to define, everyone knows it when we see it. A person burning a flag in violent protest of the American nation or its policies is certainly recognizably different from a person burning a flag to dispose of it.
Still, one could argue that one person’s desecration is another person’s patriotic expression, however reprehensible some of us may find this idea or its enactment. People burn or otherwise destroy U.S. flags (and other flags) because they want to say something. They may be patriotic, just differently so.
I recognize that people who oppose flag desecration laws or amendments may be as patriotic as I am. They’re not opposed to such laws because they want to desecrate the flag. They oppose such laws because they want to protect freedom of expression and because they don’t know how these laws will be enforced in practice. I agree with their concern for how the law is written. The law must be clear so that enforcement can be reasonably applied. What we don’t want is a flag version of Prohibition, something that turns out to necessitate an embarrassing repeal.
Still, with all that, I favor flag desecration laws as long as they are properly written, though I’m not sure a constitutional amendment is necessary. Congressmen have proposed a constitutional amendment because the United States Supreme Court in recent years has struck down several state laws against flag desecration. In response some 50 states have approved non-binding resolutions supporting a constitutional amendment.
I do not think flag desecration laws, if properly focused, are a violation of freedom of speech. The Stars and Stripes, when presented as a flag, is a symbol of American ideals. In this way it is a monument no different from any other public depiction of our values. It therefore could or should be protected from harm just like the Statue of Liberty or the monuments in Washington, D.C. I see no inconsistency in this.
Protecting the flag is a way of vesting it with even greater symbolism. It’s important. When Red, White, and Blue material is arranged with stars and stripes, it’s not just a piece of material anymore. It’s us. It’s what we believe, and it’s what people have died to protect. So protecting this one symbolic presentation does not seem unreasonable to me.
I’m not arguing that the United States flag is a sacred object, nor am I suggesting that flag desecration laws mean that American policy should be beyond question or protest. I’m simply saying that there are many ways to express disagreement and even protest and protecting the U.S. flag doesn’t really limit this expression. The U.S. flag is unique and therefore should be treated uniquely.
© Rex M. Rogers - All Rights Reserved, 2006
*This blog may be reproduced in whole or in part with a full attribution statement. Contact Dr. Rogers or read more commentary on current issues and events at www.rexmrogers.com or follow him at www.twitter.com/rexmrogers.
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- Written by: Rex M. Rogers
“The Star Spangled Banner” is now available in a Spanish-language version. This development has incited a barrage of negative conservative reaction, along with positive response from many in the Hispanic community as well as others who think such a version is overdue.
I don’t know anything about the musical quality of the piece, nor am I a Spanish-speaking person. I am, though, generally considered a conservative and in that role I can’t quite get my arms around why other conservatives are making this a new front in the culture wars. Their reactions sound more parochial than patriotic.
It does not bother me to think that Spanish speaking Americans can learn the words of the National Anthem in their original language or that they may sing it from time to time in their native tongue.
On the other hand, I agree with those who reject planned inclusion of “pro-immigrant” political statements in a future remix version of the song. Such posturing is more about disunity than unity and has no place in a long established patriotic anthem.
And, while it does not bother me that a Spanish-language version of “The Star Spangled Banner” exists, I do not think public expressions of the National Anthem at ball games, special ceremonies, military events, etc. should be conducted in anything but English. The United States is an English speaking country, and should not be ashamed or apologetic about it. This is a fact important to our history, our economic well-being, and our melting pot culture.
We may be a “Nation of Immigrants,” but in the end, the U.S. is and must be a “Nation.” English is a key component of this unified nation state, and the National Anthem is an artistic and emotional expression of the ideals we hold dear as a people, not “peoples.” Offering an Anthem Du Jour is not a recipe for strength and stability. Affirming an English language National Anthem is not a rejection of English as a second language Americans. Actually, it’s just the opposite.
© Rex M. Rogers - All Rights Reserved, 2006
*This blog may be reproduced in whole or in part with a full attribution statement. Contact Dr. Rogers or read more commentary on current issues and events at www.rexmrogers.com or follow him at www.twitter.com/rexmrogers.