Saturday, June 03, 2006

Flag Burning: A Hot Issue

Note: The following is a guest post from fellow J-Blogger and ex-frum guy SL Aronovitz of Mishlei Shlomo.



Amendment I: 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.

Once again, right-wing members of our Congress are attempting to push through a constitutional amendment prohibiting the burning and/or desecration of the American flag. Here are a few of my thoughts in the issue.
For starters, Republicans might have a much easier time selling their amendment proposal if they would add a restriction requiring the production of all American flags be performed exclusively by American citizens, within America’s borders, and made of American grown or manufactured materials. If one is going to make such a big deal over a dyed strip of cloth, it makes sense to require that symbol to be made, sold, and handled by those who live by its values and under its jurisdiction. It cheapens the symbolism of the flag to have it mass produced of cheap materials with the profits going to foreign nationals who do not share our core values.

If anyone wishes to whine about desecration of a national symbol, maybe we should be taking a serious look at the commercialization of the flag. Drive by any auto dealership or sports outfitter and you will see rows of large American flags flying out front, suggesting to passersby that this particular retailer is somehow so unbelievably uber-American that he deserves your business more than other establishments because buying from him is nothing less than patriotic heroism. It should likewise become illegal to make underwear, socks, a tea cozy, bathing suit, or any other item depicting the ‘stars and bars’ in a mundane manner. If we are to attribute some holiness to the American flag, then it seems we should not treat it lightly or cheapen it by overuse and misuse as well.

Allegiance to symbolisms without genuine commitment to ideals is just a meaningless gesture. Why are we proposing to treat the banner representing our values with greater reverence than for those who live under or by the sentiment which it evokes? Three nations considered most hostile (at least as they are portrayed as hostile) to American values are China, Cuba, and Iran. All three of these nations ban the burning of their national symbol. As Americans we view these nations as human rights violators of the highest degree and if, in fact, they are as bad as we are told, what does that say about our nation when we begin to enact the exact same restrictions on free speech and expression?

In addition, if stopping the destruction of nationalistic symbols was so vital to our democracy, then why didn’t Adams, Jefferson, or Madison (not to mention a few dozen other presidents since) ever consider it a priority? I am sure that there were any number of Tories, Barbary pirates, Confederates, and Native Americans who, in the heat of battle or moral outrage, found various ways to desecrate that precious symbol of the American Union, yet no one in government (that I know of) ever proposed altering the Constitution to prevent it.

I understand why many aren’t worried about such a law. Most probably agree that flag burning (or the burning of effigies as well) appears a bit extreme when we consider what ‘burning’ itself implies i.e. the complete annihilation of the thing or idea under protest. One has to be pretty mad to set something ablaze. Yet, history also tells us that where we see burning flags we can also envision the burning of books and, soon enough, the burning of human beings, as all those images commingle in fertile and (I believe) rightfully suspicious imaginations. Personally, I have little faith in the ability of the masses to exercise restraint, and if there is a ‘slippery slope’ to avoid, it is the one that creates a mob mentality set to run amok. Maybe, some would argue, we need to ‘nip this in the bud’ before it gets out of control.

In all fairness, however, not all protestation via combustion leads to utter societal conflagration. Vietnam Era draftees burned their Selective Service cards and the Women’s movement cremated more than few bras in their day without the entire nation going up in smoke or feeling threatened by their respective messages. Somehow I think that America can withstand a few well placed smolderings here and there without falling into utter chaos. We’ve been there before and survived. Some people don’t even remember it happening, let alone have their lives irrevocably altered for the worse by said events.

Certainly, we all imagine that these pyro-prone protestors can find more meaningful, productive, and peaceful ways to get their message across to others, but those methods aren’t always effective. We live in a media age where only the most outrageous acts receive any attention. If you wish to be seen or heard, you must rise above and beyond the norm or shatter the common paradigms of others just enough to piss them off. If you want to be on the evening news, set an American flag on fire in front of a military recruiting office. Unfortunately, your message probably won’t ever be heard since it would be completely obscured by the news of the fire itself and your subsequent arrest. Yet, you will get noticed, and in the mind of the guy holding the matches and gasoline, his mission is accomplished simply by making others angry.

One has to remember that the ‘slippery slope’ argument runs in both directions. As reluctant as I may be to endorse flag burning as a form of positive dissent, to outlaw such protest offers a new license for government to, in the spirit of protecting the ideal, prohibit other types of protest where fire may or may not be involved. I have to yet to see a government take back or even restrain itself when granted new powers. The 'slippery-slope' the angry mob tumbles onto ends as quickly as it comes, but when governments takes that plunge the effects are expanding and everlasting. Governments, unlike the unwashed rabble, also tend to be better organized and heavily armed. So in this case, in spite of my initial fears, I’ll take my chances with the raging masses and allow them start a campfire here and there.

That being said, I am equally reluctant to offer support for any law restricting our 1st Amendment right to Free Speech. Free Speech is not meant to only protect the speech and ideas that most citizens like or agree to. In fact, it is intended to allow a relatively unrestricted forum for ideas that most may find offensive or even treasonous. Just as we ignore, become repulsed, or even debate for or against various ideas, actions taken to promote those ideas can be argued or rejected like any other. If those who burn American flags to send a particular message are duly ignored, then they will no longer have any reason to keep doing it. Their right to speak out is the very same right I must preserve so that when I have something to say, the liberty to speak my conscience remains unabridged.

Let’s not make an issue out of something that doesn’t occur very often, doesn’t really garner much support, or would lead, should we begin to prohibit such acts, to greater restrictions on our ability to seek redress from government through peaceful protest. Exactly how many flags are burned across our nation in recent years? Is this a solution seeking a problem that doesn’t exist? My suggestion is to tread with deliberate and patient caution.

The magic of the 1st Amendment is the universality of its scope. The right of the people to speak out is not based upon the likes, dislikes, or sensitivities of a majority opinion. If you are part of that majority, then having once in a while to tolerate some free speech you don’t like is not a high price to pay and you shouldn’t feel put out having heard it. Let it go in one ear and out the other as you do most things you hear these days.

“Free speech is intended to protect the controversial and even outrageous word; and not just comforting platitudes too mundane to need protection.” (General Colin Powell)

36 Comments:

Blogger Charlie Hall said...

' Women’s movement cremated more than few bras in their day'

Not true:

http://www.snopes.com/history/american/burnbra.htm


There are very few things I find as offensive as burning an American flag. I've known far too many people who have fled from totalitarian states to think that the excesses of any government during my lifetime are even in the same ballpark as even the most laid back fascist state. The folks who burn it show their utter ignorance by doing so and thus forfeit any claim to take part in reasonable discussion.

That said, I agree that the constitution should not be amended. The US flag can stand a few ignoramuses trying to torch it a lot better than it can stand opportunistic politicians trying to score patriotism points. The most ugly times in the history of the US have coincided with perceived external struggles; we managed to survive the Civil War, World War I, World War II, and the Cold War without having to ban flag burning (although as I posted earlier there were a lot of other violations of civil liberties then). We don't need this.

6/03/2006 9:47 PM  
Blogger Ezzie said...

Overall, not a bad post, even if I disagree with much of it. A few points, however:

As Americans we view these nations as human rights violators of the highest degree and if, in fact, they are as bad as we are told, what does that say about our nation when we begin to enact the exact same restrictions on free speech and expression?

This is a terribly weak argument: It essentially argues, 'Because they do it, we shouldn't.' And if they outlawed something else, we shouldn't either? Are they the only nations to have such a law? I think not.

Second, I'll grant that the slippery-slope argument is more worrisome when the government is extended powers than when the people are; however, in this case, I find it quite lacking. It seems clear that there is a far cry between the burning of an apolitical item such as a flag and the banning of some elements of free speech. [Unless you view the flag as distinctly favoring one side of a debate or another, which would point to a very different issue.] To claim that the slippery slope argument applies to the government in this case is a bit outrageous.

More troubling is this line: Certainly, we all imagine that these pyro-prone protestors can find more meaningful, productive, and peaceful ways to get their message across to others, but those methods aren’t always effective. That sounds like a slight endorsement of such actions, even if disagreeing with them. Is it "okay" to commit an act of destruction if you are otherwise being ignored? What about an act of terrorism? This *is* a slippery-slope argument that we *must* pay attention to, especially when one considers that this is the same rationale used by some to excuse the actions of terrorists [the Palestinians were ignored until the intifada, etc.].

6/03/2006 9:47 PM  
Blogger asher said...

Flag burning can't be important. That's probably why you always see them burning an American Flag in all these Muslim countries while the cameras are rolling. Do you think they are trying to make a point?

6/04/2006 7:13 AM  
Blogger Charlie Hall said...

'Unless you view the flag as distinctly favoring one side of a debate or another, which would point to a very different issue.'

Since the early years of the Cold War, the flag has been made into a political symbol. Remember George H. W. Bush's use of it in the 1988 election?

Anyway, something forgotten here: It is illegal to burn a US flag in most of the United States, and prosecutions would be successful without a constitutional amendment. Why? Because most parts of the country have a content-neutral law that prohibits uncontrolled open burning. (Some Jews have run afoul of these laws by trying to burn chametz on Erev Pesach; fortunately in many communities the local fire department is happy to help provide safe areas for controlled burns.) In some areas the concern is air pollution; more often the concern is life and property -- you can't start open fires in congested cities in New York, or in dry rural areas, without risking the possibility of a major conflagration. Of course, prosecution of a flag-burner for violating a content-neutral open burning law may be like getting Al Capone for tax evasion or Lucky Luciano for prostitution, and therefore it won't satisfy the right wingers who are trying to make a political statement.

6/04/2006 9:30 AM  
Blogger Joe Berenguer said...

This comment has been removed by a blog administrator.

6/04/2006 3:05 PM  
Blogger Shlomo said...

Re: This is a terribly weak argument.

Not at all. It is like my bubbe o’h used to say “If you want to be a real mentsch, then don’t act like ________.” It is not difficult to look at harsh regimes and figure out what it is about them that makes them so rigid and unforgiving.

Re: burning of an apolitical item such as a flag

Apolitical? You’ll have to explain that one to me. Nationalistic symbols that evoke sentiments and ideals are always political. That is what the flag was created to do.

Re: endorsement of such actions…..

This is a statement of a reality, not an endorsement of a particular behavior. By necessity one must, to be heard, sometimes make a bold and brash statement to draw attention. In life “the squeaky wheel gets the grease.” This is especially true when it comes to ideas not accepted by the majority.

The reason for my making the statement was to show that many people, including myself, find this ‘burning’ to be a bit extreme. It is not an endorsement, but I understand why it is done, why it is sometimes necessary to be heard, and I believe that as outrageous as it seems to so many, it is part of the ‘speech’. Free speech can’t really be effective (or free) from behind soundproof wall where no one will hear or see it. Free speech is not just the freedom to say it, but the freedom to say it where it can be heard.

As to your comparison to terrorism, I think that distinction is clear enough. The burning of a symbolic swatch of dyed material, does not rise to the severity of taking another human life. Had the Nazis yimach shemom v’zichrom burned 6,000,000 Torahs and never touched a single Jew, it would show the Germans to be of very bad character, but they wouldn’t be murderers and we Jews would be many more in number by this point. More flags can be sewn and more Torahs can be written. Life and death aren’t so easily replenished.

You’re trying to compare apples to oranges, my friend.

Re: slippery slope

The ‘slippery slope’ is to human behavior what ‘entropy’ is to the physical universe. (This deserves a post of its own.) Entropy creates a new equilibrium. As the universe adjusts itself, moment by moment, to one sense of balance, another is already in the works. So too with societies. Once we outlaw a formerly legal and acceptable behavior, we get used to these new laws after a while and then, when we think that nothing else will be outlawed, the same power finds rationale to outlaw something else, and so forth. And, most importantly, we never stand up against the new changes because the old changes didn’t seem that radical at the time and they didn’t seem to effect us anyhow.

6/04/2006 3:45 PM  
Blogger Ezzie said...

It is not difficult to look at harsh regimes and figure out what it is about them that makes them so rigid and unforgiving.

It is very hard to say that banning the burning of flags is what does it, especially in light of the many other countries that have the same laws. Furthermore, that wasn't what you argued: You simply argued that because they do it, we shouldn't.

Apolitical? You’ll have to explain that one to me. Nationalistic symbols that evoke sentiments and ideals are always political. That is what the flag was created to do.

Lack of a better word. It does not favor one end of the political spectrum over the other, assuming both are dedicated to serving the country's best interests.

Free speech is not just the freedom to say it, but the freedom to say it where it can be heard.

I think this statement is worthy of dicussion. This still excuses terrorism, because one can always argue that their point is not heard unless they further 'shock' people or the like. Free speech is the freedom to say it, to march in protests, to call your representative. It is NOT the freedom to force people to listen to you.

RE: Slippery slope... Exactly. And when flag-burnings or Torah burnings are accepted, it creates a new level of what type of wrongful behavior is accepted. That's what I was arguing above: That you can't discount the slippery slope argument as ridiculous one way and not the other.

6/04/2006 11:16 PM  
Blogger Shlomo said...

Re: You simply argued that because they do it, we shouldn't.

If we make a careful distinction between free societies those that are not so free, it is pretty clear what characteristics one has that the other doesn’t. Those regimes seek nothing more than complete and utter subjugation of their citizenry, either to a political party or religion. As national symbols become enshrined as religious icons, that symbolism begins to dominate over the substance i.e. what the symbol may or may not have represented. The state becomes the religion and state symbols become revered and holy relics.

By saving the American flag in this way, you are destroying it from the inside out. It’s not a set of tefillin.

Re: It does not favor one end of the political spectrum over the other

Or course it does. Symbols evoke particular meanings to the viewer. Psychology is the precursor to politics. Politics is merely the projection of our own personal likes and dislikes onto the world.

Re: This still excuses terrorism

No. I made my position clear. I don’t see how you misunderstood that. When it turns violent or maliciously destructive (private or public property), then they have crossed the line.

Re: That you can't discount the slippery slope argument as ridiculous

I take the ‘slippery slope’ very seriously and never discount it. Reality may force me to accept one consequence or the other and my choice is always going to be the lesser of the evils. As I look to history, the tyranny of a well organized, institutionalized, numerous, and heavily armed force invariably leaves much more suffering and destruction in its wake (and for longer periods), than do the sudden flare-ups of mass hysteria and fear.

The consequence of demonstrators burning flags will never likely come to a law REQUIRING the burning of American flags. Once the government, however, outlaws what has been until now a relatively unabridged political freedom, what do you imagine they will think of next? As soon as the politicians need some new issue to divide, conquer, and get elected, and flag burning is already prohibited, with what will they scare us anew?

Re: It is NOT the freedom to force people to listen to you.

So change the channel. Perhaps the flag-burning radical shouldn’t be forced to listen to your opinion either. Maybe we should all have our mouths sewn shut and our opinions surgically removed. If you don’t like it, argue the point, start your own demonstration, or walk away. (I just turn up the volume on my stereo and never watch Faux News.)

BTW (Thanks to CH for correcting me on the Bra Burning.)

6/05/2006 6:58 AM  
Blogger Ezzie said...

But those are exactly the points: You can change the channel or turn off the TV altogether, but you can't pretend that something wasn't destroyed, damage caused, or people hurt (or even killed) by violent protest.

Second, I think it necessary that state symbols and the like be granted greater respect than other ones - almost exactly as religious symbols. I think this is a great topic for another discussion, though...

Or course it does. Symbols evoke particular meanings to the viewer. Psychology is the precursor to politics. Politics is merely the projection of our own personal likes and dislikes onto the world.

That doesn't address the point. In the United States, where the issues being debated have to do with what's best for the country, the flag is apolitical. It's an internal debate, not an external one. Unless one feels their side is against what is best for the country, the flag should be treated the same way by both sides.

When it turns violent or maliciously destructive (private or public property), then they have crossed the line.

Yes, but your point above excuses such destruction. That was my point.

I argue the same on the other side: If the government restricts actual speech, they've crossed the line. Much as you argue that it is an inevitability, I argue the same in reverse.

6/05/2006 11:35 AM  
Blogger Noyam said...

Just one small nitpick: the "stars and bars" is not a name for the American flag. The Confederate flag was the "stars and bars."

6/06/2006 12:46 PM  
Blogger Shlomo said...

This comment has been removed by a blog administrator.

6/07/2006 3:32 AM  
Blogger Shlomo said...

noyam,

Yep. I'm corrected again. I have no idea what I was thinking. Thanks. It's not a small nitpick. I had an idea that was the case an I should have remembered it as such.

I was thinking of a nickname and the one I should have used was "Stars and Stripes".

Thanks for the correction.

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