Expert: Albert Kirsch - 6/24/2001

Question
Where do I find material about burning the US flag in protest? Would like to know if there is an amendment pending now or if there ever was one, that prohibits it.

Answer
Usually I answer flag questions at some length, but there's more material than I could possibly address. For starters, check http://www.fotw.ca/flags/flagburn.html

That's a page at the "Flags of the World" web site devoted to the topic, though it's mostly excerpts from back-and-forth discussion amongst vexillologists (flag scholars). Follow its links too.

I'd also recommend a web search using "flag burning" and "flag desecration" as the search strings. There should be a ton of stuff.

As for constitutional amendments, one or another is always pending, though none of them seem to get anywhere. In almost every new Congress, someone introduces it with great fanfare and patriotic harumphing. It goes to committee (usually the Judiciary Committee, I think) and dies there, as Congressmen and Senators back off from any controversy. Now that the Senate is in Democrat hands, expect little or nothing in this department (it requires 2/3 of each house to be submitted to the states, anyway, and has never got that majority.) You might wish to write your Congressman and see if he/she knows anything further about the current status.

Hope this helps; sorry I can't give you still more sources. I have no books on the subject, though if there are any, your local librarian should be aware of them.

Regards,

Al Kirsch