Ban flag-burning? No.

New York Daily News
By Gary E. May
Sunday, September 19th, 2004

The Senate will soon face - yet again - a proposal to amend the Constitution to ban the desecration of the flag. The Supreme Court has consistently rejected such laws, and Congress has consistently rejected similar legislation since 1990.

But this is an election year, and amendment supporters are unrelenting.

I understand why lawmakers want to show that they respect symbols of this country. As a veteran and son and grandson of veterans, I do as well. I served my country well in the Marine Corps during Vietnam and paid a significant price: the loss of both of my legs.

Some members of Congress say people should support this amendment out of respect for veterans like me. It's true that flag-burning disturbs some veterans. But rescinding that freedom in an attempt to force patriotism is much more offensive. The veterans I know would like to believe our sacrifices for freedom have not been in vain.

The Constitution should not be used as a political tool to silence a dissenting minority. On the contrary, the Constitution should protect the controversial, the offensive and the inflammatory, because - as we have seen throughout history, and as we see now - those are the forms of political expression most vulnerable to attack. That's why the First Amendment exists - to protect political expression independent of public opinion.

We should not rewrite the Constitution simply because we do not agree with a message and how it is expressed. As Secretary of State Powell wrote, "I would not amend that great shield of democracy to hammer a few miscreants. The flag will still be flying proudly long after they have slunk away." Commitment to freedom of expression - particularly when it most hurts - is the truest test of our dedication to democratic ideals.

I do not burn flags, nor do I plan to. Flag-burning disturbs me. But like most veterans, I oppose this amendment because I support the rights of others. This kind of tolerance - crucial to a democracy - is what helps me understand losing my legs. It's among the freedoms for which so many have served, suffered and died.

The Supreme Court has so ruled. Lawmakers have repeatedly rejected using the Constitution to limit political speech. This year, senators should once again reject protecting a symbol of freedom by reducing freedom itself.

May is president of Veterans Defending the Bill of Rights.