Flagamerica Burning

I'm going to try not turning this into yet another political blog...still....my extrapolation...so....yeah.

Alright...some fool wants to set a flag on fire. Not my choice of demonstration, but fine. Now, Congressional nitwits want to make such an act against the law. An online pal sums it up as such: "If burning the symbol of a country in which you are free enough to legally burn it is hypocritical ......... then banning the burning of it must be twice as hypocritical." Direct and to the point!

This does not seem to fall into the same category as burning of a draft card. It was not considered protected speech, but an illegal behavior violating the Selective Service rules (United States v. O'Brien, 391 U.S. 367 in 1968).

And what about old and torn flags? The correct way to dispose of it -- is in a ceremony where it gets set on fire. And that is the problem with this bill -- it is worded so that the 'intent' is subjective to those who are charging the crime.

People gave their life for the freedoms we have...and if for no other reason...it should be respected! For those that want to read it, here is the bill:

109th CONGRESS

1st Session

H. R. 1974

To provide for protection of the flag of the United States.

IN THE HOUSE OF REPRESENTATIVES

April 28, 2005

Mr. BOUCHER (for himself and Mr. SCHIFF) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide for protection of the flag of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Flag Protection Act of 2005'.

SEC. 2. PROTECTION OF THE FLAG OF THE UNITED STATES.

(a) In General- Section 700 of title 18, United States Code, is amended to read as follows:

`Sec. 700. Protection of the flag of the United States

`(a) Actions Promoting Violence- Any person who destroys or damages a flag of the United States with intent to provoke imminent violence or a breach of the peace, and in circumstances reasonably likely to produce imminent violence or a breach of the peace, shall be fined under this title or imprisoned not more than one year, or both.

`(b) Damaging a Flag Belonging to the United States- Any person who steals or knowingly converts to his or her use, or to the use of another, a flag of the United States belonging to the United States and intentionally destroys or damages that flag shall be fined under this title or imprisoned not more than two years, or both.

`(c) Damaging a Flag of Another on Federal Land- Any person who, within any lands reserved for the use of the United States, or under the exclusive or concurrent jurisdiction thereof, steals or knowingly converts to his or her use, or to the use of another, a flag of the United States belonging to another person and intentionally destroys or damages that flag shall be fined under this title or imprisoned not more than two years, or both.

`(d) Construction- Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section.

`(e) Definition- As used in this section, the term `flag of the United States' means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed as a flag and would be taken to be a flag by the reasonable observer.'.

(b) Clerical Amendment- The table of sections for chapter 33 of title 18, United States Code, is amended by striking out the item relating to section 700 and inserting in lieu thereof the following new item:

`700. Protection of the flag of the United States.'.

SEC. 3. SENSE OF CONGRESS.

It is the sense of the Congress that the States should enact prohibitions similar to the provisions of this Act in an order to provide the maximum protection to the flag of the United States.