Values and rights must be protected before symbols and feelings
By: GUEST COLUMNIST
Issue date: 4/16/08 Section: Forum
I was completely dumbfounded after reading Le'Marqunita Lowe's column "Make Flag Burning Illegal" [April 14].
Not only does this piece demonstrate a clear misconception of this issue, but it is comprised almost entirely of fallacies.
The column is merely an extended straw man, which considers the complexities of neither flag burning nor constitutional law.
The author fails to acknowledge the First Amendment grants a right to peaceful demonstration, in additional to the freedom of speech, press and exercise of religion.
The full amendment reads as follows: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The idea that flag burning is not protected under the Constitution because it is an action is logical myopia at best. Peaceful actions in protest are essential to preserving liberty, and that is precisely why the Founding Fathers thought to protect them in the Bill of Rights.
Secondly, the analogy between burning flags and government buildings posed by the author is deeply faulty.
Burning a building not only puts innocent lives in danger, but destroys something which is not the property of the arsonist. Burning a flag presents no more danger than burning any cloth.
Of course one ought not to destroy something which does not belong to him, but how this amounts to grounds for infringing on a citizen's autonomy is a mystery to me.
We don't need to dig up our forefathers to interpret the Constitution for us. And it is folly to suggest that not being able to do so somehow proves flag burning is unethical.
The Framers provided their input more than 200 years ago with the First Amendment. They did not explicitly mention flag burning, but this measure is one of the many forms of protest which fall under the auspices of the Bill of Rights.
Burning a flag may indeed offend a great number of people, but we must keep in mind the flag is a symbol. If it is a symbol of freedom, then isn't it hypocritical to ban protest involving the flag? Why preserve the symbol of freedom at the cost of the actual virtue?
Appreciating America isn't expressed by refusing to criticize the nation's actions and policies. Patriotism isn't about constantly stroking the nation's ego and isn't about lapel pins, yellow ribbons, oversimplified slogans or flags.
True patriotism is about rebuking a nation for its sins, praising it for its successes, and working to amend its failings. The flag represents a great number of things beyond an uncritical allegiance to the government and its military.
If America truly is this "land of the free" we keep parroting it is, then we need to defend the most sacred of liberties: the right to peaceful assembly. So long as flag burning is done safely, there seems to be no cogent case for its illegality.
Enjoying our freedoms does not disgrace our nation, but proves that even when we disagree with one another, we can still respect the expression of opposing viewpoints. Citizens have a right to criticize their government, and if flag burning is the form these objections take, then we have an obligation to respect that protest.
Flags and flag burning are merely symbols. What is of true significance is protecting the rights and values these symbols represent.
Chris Partridge is a senior majoring in philosophy.
Not only does this piece demonstrate a clear misconception of this issue, but it is comprised almost entirely of fallacies.
The column is merely an extended straw man, which considers the complexities of neither flag burning nor constitutional law.
The author fails to acknowledge the First Amendment grants a right to peaceful demonstration, in additional to the freedom of speech, press and exercise of religion.
The full amendment reads as follows: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The idea that flag burning is not protected under the Constitution because it is an action is logical myopia at best. Peaceful actions in protest are essential to preserving liberty, and that is precisely why the Founding Fathers thought to protect them in the Bill of Rights.
Secondly, the analogy between burning flags and government buildings posed by the author is deeply faulty.
Burning a building not only puts innocent lives in danger, but destroys something which is not the property of the arsonist. Burning a flag presents no more danger than burning any cloth.
Of course one ought not to destroy something which does not belong to him, but how this amounts to grounds for infringing on a citizen's autonomy is a mystery to me.
We don't need to dig up our forefathers to interpret the Constitution for us. And it is folly to suggest that not being able to do so somehow proves flag burning is unethical.
The Framers provided their input more than 200 years ago with the First Amendment. They did not explicitly mention flag burning, but this measure is one of the many forms of protest which fall under the auspices of the Bill of Rights.
Burning a flag may indeed offend a great number of people, but we must keep in mind the flag is a symbol. If it is a symbol of freedom, then isn't it hypocritical to ban protest involving the flag? Why preserve the symbol of freedom at the cost of the actual virtue?
Appreciating America isn't expressed by refusing to criticize the nation's actions and policies. Patriotism isn't about constantly stroking the nation's ego and isn't about lapel pins, yellow ribbons, oversimplified slogans or flags.
True patriotism is about rebuking a nation for its sins, praising it for its successes, and working to amend its failings. The flag represents a great number of things beyond an uncritical allegiance to the government and its military.
If America truly is this "land of the free" we keep parroting it is, then we need to defend the most sacred of liberties: the right to peaceful assembly. So long as flag burning is done safely, there seems to be no cogent case for its illegality.
Enjoying our freedoms does not disgrace our nation, but proves that even when we disagree with one another, we can still respect the expression of opposing viewpoints. Citizens have a right to criticize their government, and if flag burning is the form these objections take, then we have an obligation to respect that protest.
Flags and flag burning are merely symbols. What is of true significance is protecting the rights and values these symbols represent.
Chris Partridge is a senior majoring in philosophy.
2008 Woodie Awards


Viewing Comments 1 - 1 of 1
Grumpy Guy
posted 4/16/08 @ 6:14 PM EST
Well, I... Huh... Well said!
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