Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

What's Wrong With the Flagburning Amendment
http://www.law.ucla.edu/volokh/flag.htm ^ | Eugene Volokh

Posted on 10/18/2006 5:52:13 PM PDT by tpaine

click here to read article


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 181-186 next last
--- "We in the majority get to suppress symbols we hate, but you in the minority don't"? 

America is different from most other countries, and even from most other democracies.  In America, all ideologies are protected, even those that the majority thinks are evil.

--- "I won't try to suppress your ideas, if you don't try to suppress mine."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Powerful arguments against 'majority rule' and a power to prohibit.

1 posted on 10/18/2006 5:52:14 PM PDT by tpaine
[ Post Reply | Private Reply | View Replies]

To: tpaine

The guy's point is logical and reasonable. I mean what sense does it make to forbid flag-burning when it's also the suggested way to destroy a deteriorated flag?

It's a backlash to all the other things we've made protected which shouldn't have been, and it's rightly seen as an insult to patriotic Americans.

But you can insult patriotic Americans in other more meaningful ways. You can vote for Democrats, for example, or just not vote at all.


2 posted on 10/18/2006 5:58:12 PM PDT by Dog Gone
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dog Gone

Paradox. Passing an amendment which limits freedom puts the symbol of that freedom ahead of the actual freedom. People who support this are trying to stop something by government fiat and it's not worth the effort.


3 posted on 10/18/2006 6:01:40 PM PDT by osideplanner
[ Post Reply | Private Reply | To 2 | View Replies]

To: tpaine

Perhaps it should be OK to burn law professors as long as its only done in the spirit of free speach.


4 posted on 10/18/2006 6:03:43 PM PDT by stop_fascism
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dog Gone
"-- The guy's point is logical and reasonable. --"

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


His discussion website is also one of the best, imo...


The Volokh Conspiracy - -
Address:http://volokh.com/
5 posted on 10/18/2006 6:07:08 PM PDT by tpaine
[ Post Reply | Private Reply | To 2 | View Replies]

To: osideplanner

Yes... Passing a flag burning admendment is foolish. If we are to protect our freedoms, this should stand out above all else... Let the idiots that don't like this country do their thing... Has no bearing on the constitution or any of our other freedoms - have at it anti-Americans! We may not appreciate what you do, but we will fight to the death for your right to do so...


6 posted on 10/18/2006 6:07:51 PM PDT by Deagle (n)
[ Post Reply | Private Reply | To 3 | View Replies]

To: tpaine
I see contradictions in any amendment opposed to burning the flag. I cannot attest to the veracity of this site but the proper disposal section implies a paradox here. link
7 posted on 10/18/2006 6:08:06 PM PDT by kinoxi
[ Post Reply | Private Reply | To 1 | View Replies]

To: stop_fascism
Perhaps it should be OK to burn law professors as long as its only done in the spirit of free speech.

I'm no fan of most law professor's, -- but if we burn Gene, that only leaves a couple of dozen or so conservative legal profs in the whole USA.

8 posted on 10/18/2006 6:18:19 PM PDT by tpaine
[ Post Reply | Private Reply | To 4 | View Replies]

To: tpaine

Burning a flag just pisses most people off. Let the public opinion deal with flag burners. New laws are not needed.


9 posted on 10/18/2006 6:21:27 PM PDT by satchmodog9 (Most people stand on the tracks and never even hear the train coming)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tpaine

Volokh is a sensible fellow. Difficult to believe he's a lawyer.


10 posted on 10/18/2006 6:23:44 PM PDT by rebelyell7
[ Post Reply | Private Reply | To 8 | View Replies]

To: tpaine

Burn the UN flag.


11 posted on 10/18/2006 6:24:41 PM PDT by Waco
[ Post Reply | Private Reply | To 1 | View Replies]

To: osideplanner

Just an observation: Those who assert to be fervent patriots and urge the passage and enforcement of criminal proscription for burning a flag in a manner that appears to others as disrespectful are themselves, allegorically, wrapping themselves in the flag as they proceed to burn it. It's a cloth symbol of one of the the objects for which many of us have confronted serious jeopardy. As pleased as I would be to pay a hefty fine for assaulting a creep who does it--to reject the truism that, stupid and offensive as it may be, the act is the expressive contempt of someone dissatisfied with government is to engage in retrogressive thought in denial of the obvious.


12 posted on 10/18/2006 6:29:56 PM PDT by middie
[ Post Reply | Private Reply | To 3 | View Replies]

To: kinoxi; tpaine; Dog Gone; osideplanner; stop_fascism; Deagle; satchmodog9
Burning the flag... lighting a fire in public is not speech...

Lighting a fire and speech are not the same, they never have been the same...

Article V

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress...


13 posted on 10/18/2006 6:35:25 PM PDT by Sir Francis Dashwood (LET'S ROLL!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: tpaine

he is a few days late and a few dollars short.

This is just as patronizing as those who push the amendment.


14 posted on 10/18/2006 6:36:02 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 1 | View Replies]

To: middie

SEE #13...


15 posted on 10/18/2006 6:36:34 PM PDT by Sir Francis Dashwood (LET'S ROLL!)
[ Post Reply | Private Reply | To 12 | View Replies]

To: kinoxi; y'all
Proper disposal aside..

-- In effect, those who want to prohibit flag burning are trying to legislate a type of patriotic morality.

As Volokh puts it:

"-- The [1st] Amendment is a truce:  "I won't try to suppress your ideas, if you don't try to suppress mine."  And the flagburning amendment risks shattering this truce. --"
16 posted on 10/18/2006 6:38:25 PM PDT by tpaine
[ Post Reply | Private Reply | To 7 | View Replies]

To: Sir Francis Dashwood

Post #7 states my apprehension clearly enough I do believe. Should legally disposing of a flag in public be illegal?


17 posted on 10/18/2006 6:38:37 PM PDT by kinoxi
[ Post Reply | Private Reply | To 13 | View Replies]

To: Sir Francis Dashwood
lighting a fire in public is not speech...

Tell it to the the torch-bearing revolutionists at the Boston Tea Party.

18 posted on 10/18/2006 6:43:38 PM PDT by tpaine
[ Post Reply | Private Reply | To 13 | View Replies]

To: Sir Francis Dashwood
"Burning the flag... lighting a fire in public is not speech...

Lighting a fire and speech are not the same, they never have been the same... "

Yes it is speech. Also the 9th Amendment also covers flag burning. Nobody is harmed by a flag burning, but many will lose freedom is we start one by one banning things we don't like.
19 posted on 10/18/2006 6:49:58 PM PDT by Gradient Vector
[ Post Reply | Private Reply | To 13 | View Replies]

To: longtermmemmory
-- he is a few days late and a few dollars short.

The article is from five years back or so.. -- But the anti-prohibition, anti-majority rule principles are still very current. -- Lots of flag waving prohibitionists on FR.

20 posted on 10/18/2006 6:50:19 PM PDT by tpaine
[ Post Reply | Private Reply | To 14 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 181-186 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson