Quote:
Originally posted by Tyrone Slothrop
Here's a pretty succinct post about the problem with the amendment:
- What's particularly frustrating by the flag burning amendment is that according to the US Flag Code, the appropriate way to dispose of a flag, as all patriotic Americans know, is to burn it.
Any anti-flag burning legislation would have to be based entirely around intent - was your intent to protest the actions of your government? If so, go to jail. Was your intent to follow the US Flag code? Good for you.
Atrios
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I'm pretty sure it will be easy to discern the difference between someone ceremonially burning a flag in accordance with 4 U.S.C. § 8(k) (" . . . destroyed in a dignified way, preferably by burning.") and someone burning a flag as an act of political protest.
Not to say the act is valid as a first amendment matter, or even wise. But inconsistency with the flag code is not its greatest problem, let alone what at all.
