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IN THE NATION; The Flag And The First
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IN THE NATION; The Flag And The First
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Newspaper Article
IN THE NATION; The Flag And The First
1990
Overview
The justices could uphold it only if a majority agreed that Congress really had made the law ''content-neutral'' - that is, that the statute prevents defacing the flag without reference to whether the act of defacement was an expression of opinion. While listening to the issue being argued before the Court this week, Justice Scalia demolished the content-neutral argument. People who burn the flag, he pointed out, certainly do express an opinion: ''They're saying, 'We hate the United States.' '' That is the ''bedrock principle'' that President [Bush] proposes to eliminate from the Constitution. But the Bush Amendment's passage is only a future possibility; the flawed Flag Protection Act is already a law. For that reason, those who believe the First Amendment should be left alone to play its traditional role of protecting freedom of speech, freedom of religion and freedom of assembly have no real choice but to hope the Court overturns the act - just as it struck down the Texas flag-burning legislation.
Publisher
New York Times Company
