The U.S. Senate rejected a proposed Constitutional amendment that would have banned the desecration of the flag.
The vote was 66-34 in favor of the amendment, just one vote shy of the two-thirds needed to amend the Constitution. Even though the amendment was rejected, this vote is troubling in a number of ways.
The editorial board certainly does not advocate flag burning. It is disrespectful and it does not really serve a purpose. However a Constitutional amendment banning it would be quite an overreaction. After all, how many cases of flag burning have there been lately?
It is troubling that nearly two-thirds of the Senate are ready to overreact with a sort of nationalistic attitude.
Our free expression rights have been restricted in various ways throughout history, but always because of an overriding purpose. News organizations are prohibited from revealing military movements to protect the lives of troops in combat. The Sixth Amendment right to a fair trial often overrides the First Amendment right to report on criminal cases.
There is no overriding principle to protect by banning flag burning. This is the second troubling aspect of the proposed amendment. It seems to be motivated solely by fear and paranoia.
In contrast, a bill that was supported by Utah Sen. Bob Bennett would have banned burning flags at funerals for service people. Here the feelings of the families and friends of fallen soldiers are more important than the right to express discontent.
The United States is strong enough to withstand a few of its residents protesting by burning flags. It is troubling that nearly two-thirds of the Senate seem to think it isn?t though.
The final troubling aspect of the amendment is the fact that the Senate is wasting valuable time on it at all. There are so many more important and pressing issues that the Senate should be dealing with.
We are fighting a war in Iraq. Iran and North Korea are presenting dangerous new threats. At home we have a major immigration problem, and we?re coming up on another heavy hurricane season. You would think the Senate would prioritize better.
Instead Utah Senator Orrin Hatch is pledging not to give up on the amendment. Senator Hatch, you lost. Please move on to more important matters.