House Joint Resolution 10 is an amendment proposal which authorizes Congress to prohibit the physical desecration of the flag of the United States.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:
Article --
The Congress shall have power to prohibit the physical desecration of the flag of the United States.- Passed the House of Representatives June 22, 2005. (286-130)
- Companion bill, SJ Res 12, will be considered by the Senate following Independence Day.
The amendment would effectively tell the Supreme Court that Texas v Johnson wasn't in their purview in the first place while restoring legislative power to Congress, where it belongs.
For those who imagine that desecrating the flag is somehow Free Speech (on the account of the "expression"), I would imagine they could make a better case for themselves by resorting to - well, speech.
Since all expression is not protected (i.e. calling 'fire' in a crowded theater), we simply have to decide whether the ensuing riot (that I will gladly host against anyone who wants to desecrate the same flag my comrades, ancestors, and brother died for - the one I defend) that may transpire doesn't trump that kind of "expression." We already have the crowded theater precedent... so -
That said, I welcome your gripes, but first - if you're going to gripe, please reconcile your anger for the expression of allegedly flushing a religious book against your glee for the expression of burning the flag of the United States of America.
Backtracks: Daimnation § The Phnom Penh (supposes it's a flag burning amendment)
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