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Government Has Legitimate Interest in Protecting Flag

 
July 20, 2004

The Federal Government has a legitimate interest in protecting the American flag.  Our nation's flag is an important national symbol which has inspired great acts of sacrifice and embodies everything that America stands for.

 

Over the years, the offensive act of flag burning has been used to protest wars, homelessness, political parties and other various causes. Burning the flag does not convey any particular message, but is simply meant to provoke an emotional response.  Even if one believes that burning the flag is speech, these are the "fighting words" that the Supreme Court says are not protected by the First Amendment.

 

The Supreme Court has consistently held that certain forms of expression can be prohibited if the speaker is free to express their feelings in other ways.  This amendment would not limit the freedom of speech because there are other ways to convey the same message just as effectively.

 

Our founding fathers probably never imagined a time when the U.S. flag would need protection from its citizens.  Since this is a Constitutional Amendment and must be ratified by three-fourths of the states, virtually all citizens, through their elected state representatives, will have ample opportunity to influence the outcome of flag protection.

 

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