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The Proper Standard
The Flag and the First Amendment
While there is no greater symbol of freedom world-wide than “Old Glory,” the authors believe that its patriotic display is only mildly more inconvenient, but far more reverent and appropriate, if done compliant with federal law and consistent with the Rules of Flag Etiquette: The Flag and the First Amendment.
Question: I believe there should be a Constitutional Amendment against flag burning in protest. What is your view of that?
Answer: You refer to modern history, which has spawned a class of people who seek to provoke the public not by passive disregard of the flag, but by outright public desecration of the flag, as a display of contempt for our nation. Examples, including flag burning, are as diverse as the human imagination and not worthy of civil elaboration: they are objectively incendiary. They anger those who revere our country and who are humbled by the freedoms they cherish. They outrage those like the authors who have a father/grandfather who was wounded in battle. They inflame and callously trivialize those whose loved ones never came home, the honor and memory of who seem cheapened by this outrageous gesture.
Nevertheless, in 1989, the U.S. Supreme Court invalidated prohibitions against flag desecration based on the First Amendment, which provides: “Congress shall make no law…abridging the freedom of speech.” It held that the act of flag burning is a form of expression akin to speech, and its effectiveness in provoking the sentiment of the public was precisely the reason it could not be Constitutionally prohibited. Justice Brennan observed that: “[w]e do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents.”
Should there be a Constitutional Amendment prohibiting flag burning? Perhaps, but that is a political issue for another day. Come what may, we merely observe that one cannot enact reverence, nor can one legislate wisdom: stupidity is innate. If one desecrates the symbol of that from which their right to do so is derived, it’s clear this is one who either has not given, or is incapable of giving that gesture much thought. Still, it was Voltaire in his Essay on Tolerance that said: “Think for yourselves and let others enjoy the privilege to do so too.”
We do not like this result…not at all. However, when we encounter these village idiots, we pause only to thank God (for surely they have not) that we live in a country where they are not shot where they stand for their conduct. We then shake our heads, smile, say “God Bless America” to ourselves, and move along.
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About the Blogger
We all admire those who defend the American flag, and “the republic for which it stands.” Well, Ross Simmons and his son, Hunter, are dedicated to preserving that sentiment, through that emblem’s appropriate display in the Homeland. As life members of the National Eagle Scout Association, they regularly participate in Boy Scout-sanctioned flag retirement ceremonies, and have been researching flag etiquette and teaching it to the public for years. There are a slew of requirements about how to handle, display, and show respect for the flag (or more particularly, what should not be done with Old Glory) that you might not know about, and Ross and Hunter are eager to share them.Ross says: “It wasn’t long after 9/11 when Hunter and I would find ourselves routinely disappointed about people flying tattered flags, or leaving their flags out in the rain, etc. Granted, we knew it not prompted by disrespect, but we struggled to find a way to politely approach our neighbors, and ‘correct’ them by explaining that in showing their patriotism, they were actually doing the exact opposite by doing so inappropriately.” Ergo, “The Proper Standard.”
Ross grew up in El Centro, and was the sole raiser and lowerer of the flag at De Anza Elementary School for three years as a student there. His son, Hunter, has spent seven years teaching flag etiquette to youth. Presently, Ross is a corporate law attorney practicing in Rancho Bernardo, where he lives with his wife, Marcie. Hunter is attending college at the University of California, Santa Barbara.
Previous Posts
The Proper Standard: Does your athletic team wear the flag? It shouldn’t
| Thu, 18 Feb 2010 7:50 PMWhile there is no greater symbol of freedom world-wide than “Old Glory,” the authors believe that its patriotic display is only mildly more inconvenient, but far more reverent and appropriate, if done compliant with federal law and consistent with the Rules of Flag Etiquette: Prohibited Flags on Athletic Uniforms. (…)
The Proper Standard: Flag patches on non-athletic uniforms
| Mon, 21 Dec 2009 7:33 PMI passed a “motorcycle gang,” each member of which had a flag patch sewn on the shoulder of their leather jackets. Surely this can’t be OK?
The Proper Standard: No flags on clothing, please
| Mon, 14 Sep 2009 8:19 AMWhile there is no greater symbol of freedom world-wide than “Old Glory,” the authors believe that its patriotic display is only mildly more inconvenient, but far more reverent and appropriate, if done compliant with federal law and consistent with the Rules of Flag Etiquette: No Flags on Clothing, Please. (…)
The Proper Standard: Flag use and decorum in parades
| Sun, 23 Aug 2009 1:34 PMGiven my United States citizenship, and my commitment and oath to this country, what tribute, if any, should I pay to the flag of foreign countries should they be displayed on this occasion?
The Proper Standard: Displaying the Flag: Half-Staff
| Sat, 30 May 2009 1:22 PMI cannot fly my flag at half-staff. Is it appropriate for me to display the flag in this manner on days or on occasions where the flag should be at half-staff?
The Proper Standard: Displaying the Flag: Typical outdoor use
| Sat, 30 May 2009 12:39 PMThe school in my neighborhood did not hoist the flag today. What up?
The Proper Standard: The Flag and the First Amendment
| Sat, 30 May 2009 12:31 PMI believe there should be a Constitutional Amendment against flag burning in protest. What is your view of that?
The Proper Standard: Retirement of the flag
| Thu, 14 May 2009 1:33 PMQuestion: I live in a city, and cannot burn anything (much less a flag) consistent with the laws of my municipality. What do I do?
The Proper Standard: Respect for the flag
| Thu, 14 May 2009 1:30 PMQuestion: It is disrespectful to the flag of the United States of America to dip it to any person or thing.
The Proper Standard: Authority and References
| Thu, 14 May 2009 1:14 PMQuestion: May I display a United States Flag that doesn’t comply with the federal law, but is proper at the time of its manufacture?
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