Life as a Spectator Sport

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Saturday, June 12, 2004

No protection for the flag

A constitutional amendment is under consideration. No, not the one banning gay marriage. This is another run at "protecting the flag." Last year the House again passed its version of the amendment but it was never voted upon by the Senate. Now it appears that the Senate may attempt to pass the amendment this summer, possibly before July 4.

The broadly worded amendment states that "The Congress shall have power to prohibit the physical desecration of the flag of the United States." No one doubts that a Republican-controlled Congress (joined, in this case, by many sympathetic Democrats) would promptly do so.

I have two questions: (1) What exactly is "The Flag"? Is it just the traditional stitched cloth banner that everyone of my generation learned to fold properly and to run up the flagstaff without letting it touch the ground? Or does 'flag' include the mud-spattered bumper stickers and decals on every other SUV on the road? What about pictures of flags? Or the stylized images of flags that may not have exactly fifty stars and thirteen stripes? Flag jewelry? Flag quilts? Flag t-shirts? Let's see: there are birdhouse flags, flags on mugs, Country Flasher Body Lights flags, frisbee flags, mousepad flags, flag bracelets, tie tacks and cufflinks, flag umbrellas, flag blankets, flag wrapping paper, flag napkins (is it desecration if you wipe your mouth with the flag?). You see my point, I hope.

My second question is, "What exactly constitutes 'physical desecration'?" Would that include flags the size of Rhode Island flying day and night, rain or snow, over half the car dealerships in the country? Or faded, stained flags draped over concrete statuary in a dismal cold rain? Tattered flags whipping in the wind from vehicle roof gutters?

Unless these questions can be answered in legally defensible terms, it's going to be darn hard to enforce any legislation that Congress might pass.

I'm skipping over for the moment the issue of intent ("No, no," say amendment proponents, "it's disrespect that counts—it's the intent to desecrate"). Skipping over it because in my opinion, the flag has already been desecrated beyond all hope of rescue from a Constitutional amendment.

There was a time when the flag stood for the philosophies and principles of the US of A. It was the red, white and blue that we flew on our front porches on July 4th and Memorial Day and Flag Day; the flag we looked for to identify the Post Office or other federal buildings; the flag we raised each morning at the beginning of the school day, and took down every evening; the miniature flag that stood before the US delegation at international conferences, the flag held high at the Olympics. It was the flag on Iwo Jima, the flag-draped coffin of a war veteran, and, with bittersweet pride, the flag at the World Trade Center.

What is our flag now? It is a merchandising logo, not much more. The amendment has to specify "physical desecration" because that's the only kind of desecration that hasn't already been visited on the flag. If the flag was still a symbol of traditional American democracy and values, I might feel differently about legal protections. But it's now primarily a symbol of the advertising industry, and they don't need protection. With George W in the White House, they're doing just fine.

One final point: a lot of people in this country remember what their flag always stood for. What better way to defuse their very real patriotism than to trivialise its icon? Remake its traditional and profound symbolism into little more than a generic trademark?

I don't think I could summarize better than to quote Jerrold Nadler, representative from New York, in last year's House Judiciary Committee hearing on the amendment:
The flag is a symbol of a great nation and of the fundamental freedoms that have made this nation great. If the flags need protection at all, it is from Members of Congress who value the symbol more than the freedom that the flag represents.
posted by Liz @ 8:28 AM     |


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