I’m fully aware of the game. Every Congress, the House approves a [tag]constitution[/tag]al [tag]amendment[/tag] to [tag]ban[/tag] [tag]flag burning[/tag], the Senate comes close, Republicans enjoy a little [tag]demagoguery[/tag], and the issue goes away. It’s happened every other year for 14 years now, and the whole charade has become rather predictable.
There’s reason to worry, however, that this year might be different.
The Senate is one vote away from passing a constitutional amendment that would ban desecration of the U.S. [tag]flag[/tag], the closest that amendment supporters have been to passage.
The American Legion, which supports the amendment, and the American Civil Liberties Union, which opposes it, both say there are 66 votes to pass it.
Whether advocates can find the 67th vote to send the flag amendment to the states for ratification remains unclear. A Senate vote is set for the week of June 26.
In other words, this silly little game might actually pass this year. The United States has done quite well for itself without ever undercutting the First Amendment, but if proponents of this nonsense can find literally just one more vote, we’ll be well on our way to the first-ever constitutional exception to Americans’ free speech. For that matter, every current amendment limits the power of the government, not the freedoms of individuals (the one exception was the 18th — prohibition — and that was repealed). This one would do the opposite.
If this amendment actually gets ratified, the political world would not change dramatically. The concern, however, is about principle: the nation may write into constitutional stone an exception to the First Amendment, offering a solution to a problem that doesn’t exist. Orrin Hatch, the measure’s chief sponsor, believes flag “desecration” is offensive, but if we pass amendments to ban everything Hatch finds distasteful, we’ll have very little time for anything else.
At this point, only one vote will dictate the outcome. If they get 66 senators, we’ll get to play this game against next year. If they get 67, we’ll be poised to join Cuba, China, and Iran as the only countries on earth to ban flag desecration. Stay tuned.