I mentioned last Thursday that I expect a constitutional amendment to “protect” the flag to work its way onto the Republican front burner very soon, in part to help direct attention away from their faltering agenda and in part because it’s a vote-getting wedge issue.
Or is it? I was very surprised by the results of a new national poll showing nearly 2-to-1 opposition to a flag-burning amendment.
The number of Americans who oppose a constitutional amendment that would give Congress the power to punish flag-burning as protest is up sharply from 2004, according to a survey released today by the First Amendment Center. […]
“This issue involves one of the nation’s most fundamental First Amendment guarantees, the right of free speech; and what many consider the most-venerated symbol of our nation, honored each year on Flag Day, June 14,” said Gene Policinski, executive director of the First Amendment Center.
“I have no doubt that most Americans want the flag to be protected and respected, but clearly more Americans seem to be having second thoughts about using a constitutional amendment to deal with the issue of flag desecration, and about the impact such a dramatic move would have on free speech,” he said.
I figured this must be the result of a poorly worded question. Surely, respondents misunderstood and meant to say they support an amendment, right? I checked the wording and it seems legit. I just don’t understand it.
Here was the question, as asked:
Some people feel that the U.S. Constitution should be amended to make it illegal to burn or desecrate the American flag as a form of political dissent. Others say that the U.S. Constitution should not be amended to specifically prohibit flag burning or desecration. Do you think the U.S. Constitution should or should not be amended to prohibit burning or desecrating the American flag?
In 2004, in response to the same poll question, 45% said the Constitution “should be amended.” That number has dropped to 35%. In 2004, a bare majority (53%) opposed the amendment, which has now grown to 63%. In fact, the First Amendment Center has been asking the same question every year since 1997 and opposition to a flag amendment is now higher than it’s ever been.
What’s more, when those who support an amendment are told that “it would be the first time any of the freedoms in the First Amendment have been amended,” support drops even lower.
So, what’s happened to cause this drop in support? With Republican dominance at the federal level and a massive foreign war underway, I assumed support for this amendment would be overwhelming. Is it possible that the public has finally figured out that this is a cheap stunt and that there are more important issues for Congress to take on?
Maybe so. This was supposed to be a failsafe for the GOP. Indeed, it was something of an implicit threat to congressional Dems (“If you’re not careful, we’ll bring a flag burning bill to the floor”). Apparently, this is a wedge with a dull blade.