Flag-Burning Amendment Left Flapping in the Breeze

Once considered likely for approval, a proposed constitutional amendment that would ban flag burning has died once again in Congress.

The House passed the measure overwhelmingly last year but the Senate failed to act on it in the closing days of this year’s session.

“I want my colleagues to know that I will be back next year,” vowed Sen. Orrin G. Hatch (R-Utah), a vehement supporter of the proposal.

Earlier this year, most Senate head-counters said the amendment was only a few votes shy of the two-thirds majority required for passage. Republican Senate leaders pledged to schedule a vote on the issue, hoping that some Democrats up for reelection this fall would feel pressure to reverse their opposition.

The Republicans backed off their plan as Democratic leaders threatened a filibuster, which would have stalled action on other legislation as the session neared an end.

The drive to alter the Constitution to ban flag burning followed two Supreme Court rulings in 1989 and 1990 that struck down state and federal statutes outlawing the practice. The high court held that those laws violated the right to free speech and expression under the 1st Amendment.

In 1995, following House approval, the Senate fell three votes short of sending the proposal to the states for ratification.

In Congress, the issue has prompted fierce debate. Advocates portray the ban as a way of promoting patriotism and love of country.

“We have an opportunity to say to a few exhibitionists and anarchists that in pursuit of your 15 minutes of fame, you may not deface the most sacred embodiment of the virtues of our country,” Hatch said in a recent floor speech. “You may not dishonor the memory of those millions of men and women who have given their lives for America.”

Detractors said the amendment is well-intentioned but would chip away at the very freedoms the flag represents. They also contended that passing a flag desecration amendment probably would prompt a surge in flag-burnings--which now occur sporadically--by protesters eager to challenge the restriction.