Informed Opinions on Today’s Topics : Free Speech, Constitution and the Flag

In 1989 and 1990, citing the freedom of speech guaranteed by the Bill of Rights, the U.S. Supreme Court struck down federal and state laws prohibiting flag desecration as unconstitutional.

As we celebrate our nation’s 219th birthday, the Republican-controlled House of Representatives has approved a proposal that could make flag burning once again illegal--by changing the Constitution.

Last week, by a vote of 312 to 120, the House approved 21 words to rewrite the rules on free speech: “The Congress and the states shall have the power to prohibit the physical desecration of the flag of the United States.”

Two-thirds of the U.S. Senate and 38 state legislatures must back those words in order to amend the Constitution.

*

Should there be a constitutional amendment to protect the flag?

Rep. Carlos Moorhead (R-Glendale)

“The majority of Americans see our flag as a symbol of dignity and honor that should be preserved. It is a symbol that embodies our spirit. When you try to incite a mob by burning the flag, you won’t be put in jail for 50 years, but you should be punished for it. . .It’s a shame we need a constitutional amendment to do this.”

Rep. Anthony C. Beilenson (D-Woodland Hills)

“This proposed amendment to our Constitution would for the first time in our nation’s history modify the Bill of Rights to limit the freedom of expression and is thus wrong. . . . This is unpopular expression, but it deserves protection, no matter how much we may deplore it. That is the test of our commitment to freedom of expression--that it protects not just freedom for the thought and expression we agree with, but freedom for the thought we hate.”

Rep. Howard P. (Buck) McKeon, McKeon, (R-Santa Clarita)

“This amendment would give power to the states so they can make up their own minds. I believe strongly in local control and getting government as close as possible to the people. Without the amendment, they would be precluded from deciding on this issue. With it, we will be giving them their freedom back.”

Carla O’Brien of Torrance, a great-great-great-great-granddaughter of Betsy Ross

“Such an amendment would be unwise and I am not in favor of it. I feel the freedom for which people have died in our county is what should be preserved. I don’t think America can be harmed by the desecration of its symbols, but can be by the abridgment of the freedom that it has allowed. . . . I think the most effective treatment of flag burners is to ignore them.”

Michael Lucas, on behalf of his dog, Farley D. Kaynine, a candidate to be Sunland-Tujunga’s honorary mayor

“Farley would agree to a constitutional amendment to protect the flag. It’s a symbol of our country. We believe in the symbol that has guided the country. The flag has stood for too many things to be tread on.”