Flag Burning and the First Amendment

During the Civil War the national flag as well as regimental colors were frequent targets of Confederate artillerists and riflemen for what they represented. A Color Guard was assigned to both carry and defend the flags. In later decades the national flag was burned or damaged as a form of political protest.

After many years of debate, Congress passed the Flag Protection Act of 1989 which prohibited the mistreatment of the flag without regard to any declared message. Numerous protests erupted as a result of the legislation. Protestors in Washington D.C. and Seattle were arrested and charged.

Federal judges in both districts dismissed the charges. The decision was immediately appealed to the Supreme Court. In a 5 to 4 decision the Court held that the Federal Government, like the states cannot prosecute a person for desecration of the United States flag, because to do so was inconsistent with the First Amendment. Desecration charges against all defendants were dropped. Unfortunately for them, the Seattle defendants had stolen their flag from a local United States Post Office leading to a conviction for destruction of government property.

BUT WAIT…THERE’S MORE

We travel back in time to the Bicentennial year of 1976. On April 25th of that year at Dodgers Stadium two protestors raced on to the field, doused an American flag with kerosene and attempted to ignite it. Playing at center field that day was Rick Monday of the Chicago Cubs. Monday spotted the protestors and raced across the field, snatching the flag as one of the trespassers was lighting a match to set the flag ablaze. The next day a newspaper headline proclaims “Dodgers win 5-4 , but a Cub saves the day.”

Monday still owns the flag, having turned down numerous monetary offers for it some in excess of one million dollars. Today he brings the flag to fundraising events held on behalf of military veterans. Monday recently reflected on that day: “What they were doing was wrong then in 1976. In my mind it’s wrong now. My thoughts were reinforced with my six years in the Marine Corp Reserves It was also reinforced by a lot of friends who lost their lives protecting the rights and freedoms that the flag represented. I still feel that way and am very happy that I was geographically close enough to stop these guys from desecrating the American flag.” Lesson to be learned: protest away , but look over your shoulder, although the uniform has changed the Color Guard may be on duty still.

Brother Jon Taylor, Patriotic Instructor.