The U.S. flag stands for every citizen's freedom to dissent
<snip> How is flag-burning a political statement? Look at the facts. Supporters of the amendment don't object to burning the flag. In fact, burning a soiled or worn-out flag is the proper method of disposal, according to the Flag Code passed by Congress in 1942. So it's all right to burn a soiled or tattered flag respectfully, but not to burn any U.S. flag disrepectfully. Therefore any penalty Congress imposed would be punishment for a political attitude. How does that comport with the First Amendment guarantee of free speech?
It's already illegal to burn or deface a flag belonging to someone else, so nobody can legally torch the flag at City Hall or in a neighbor's yard. And burning the flag may violate sensible fire and safety codes in many places.
But to criminalize the defacing of the flag -- or of a copy of the Constitution or an effigy of the president -- would suggest that America believes it's more important to punish such acts of political protest than to preserve the freedom of citizens to express political dissent through a symbolic act.
Our nation is made of stronger stuff than that. America is not threatened by flag-burners. It could be threatened, however, by authorities who use the power of the majority to punish a political minority for expressing dissent. <snip>
http://www.charlotte.com/mld/observer/news/opinion/11972490.htm
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