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Smokin' Mirrors: On Burning Flags and Constitutions

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You might be forgiven for thinking congressional senators had little to do these days. What, with fighting an illegal war, sending the country into a downward spiral of economic chaos and whittling away civil liberties with a hunting knife and all. But no, they have rustled up the time to have a great, big, long chat over the symbolism of the flag, as they try to push through what would have been the 28th Constitutional Amendment to effectively ban any burning or desecration of the Stars & Stripes.

Bolstering the justification of this timely debate was, believe it or not, the war in Iraq.

"Proponents of the amendment, which was backed by 52 Republicans and 14 Democrats, disputed the assertion that burning the flag was a form of speech," wrote Carl Hulse in the New York Times. "They said the amendment was simply an effort to reassert Congressional authority after a misguided court ruling. They said it was particularly appropriate to act now when American troops are at risk."

Opposing Senators who voted against the S.J. Res. 12 amendment mostly did so to uphold the Bill of Rights, and effectively blocked the amendment by one vote.

"This objectionable expression is obscene, it is painful, it is unpatriotic," Senator Daniel Inouye, a Hawaii Democrat who won the Medal of Honor for his service in World War II, told the NY Times. "But I believe Americans gave their lives in many wars to make certain all Americans have a right to express themselves..."

Many groups have been actively opposed to the amendment since it was first raised as an issue during the Presidency of Bush Snr, when the two high court rulings occurred which contended that desecration of the flag constitutes freedom of speech. The older Bush told the same NY Times reporter that he continues, "to believe that the American people deserve the opportunity to express their views on this important issue."

One of those groups, the American Civil Liberties Union, has been a vocal campaigner against such an amendment.

"America prides itself on tolerance and acceptance; it is essential that we not amend our founding document to allow censorship, even when the speech in question is reprehensible," said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. "Today the First Amendment and, indeed, the entire Bill of Rights remain untarnished and more meaningful than ever. It is our hope that the Senate will now move on to the real problems this country faces."

Of course, the irony in all this appears to be that the issue of burning a flag is of more importance to the Senators than the reasons why people are burning flags. A flag, in the great world of semiotics, is one of the most powerful symbols of the political world. It can make people swell with pride or it can make them explode in anger – the trick to it, as with any sign we read, is the connotation each person derives from it. One person's pride and glory can be another's frustration and resentment. Both are perfectly legitimate feelings, and both deserve to be expressed. As offence breeds offence, the burning of a flag should also be taken in context: it is rarely ever the same symbol to all people, its pure and unadulterated meaning skewed by time and history.

The amendment would make desecration of the flag a criminal offence, but how exactly would this be policed? I would take a wild stab in the dark and say that the majority of US flags are not even burnt on US soil, but rather in countries that are ideologically opposed to US foreign policies. Do people who burn the flags in those countries then become enemy combatants? If an Iraqi burns a US flag, what happens? Invasion and then Guantanamo?

It's not over yet for those propping up the Bill, and as it comes down to crunch time for some of those senators on the election block, the Republicans have yet again taken up an issue of little grave importance (compared to, say, global warming, the war, unemployment, healthcare, education, etc, etc) and chosen one that is riding on the back of patriotic fanaticism. Could they possibly 'win' yet another election based upon such scant ideas?

As long as it distracts from what's really going on, they may be in there with a shot.




American Civil Liberties Association:
http://www.aclu.org/freespeech/flag/26029prs20060627.html



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Willhemina Wahlin
I have written for music mags in Australia, hosted an produced a radio show in Australia for a year, writing mainly political stories, but also had a live band in once a week and would interview them, and I have just been published in a major Australian newspaper. I am now an intern for a magazine here in Japan.

Politics is one of the most frustrating, intriguing and enlightening topics to write about. I live in hope that young people will become more aware of who their politicians are, and passionate about using their voices.



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