[IP] more on more on Andrew Tobias on Flag Burning
Begin forwarded message:
From: Brad Templeton <btm@xxxxxxxxxxxxxx>
Date: June 28, 2006 6:00:27 PM EDT
To: David Farber <dave@xxxxxxxxxx>
Cc: NMunro@xxxxxxxxxxxxxxxxxxx
Subject: Re: [IP] more on more on Andrew Tobias on Flag Burning
On Wed, Jun 28, 2006 at 05:31:06PM -0400, David Farber wrote:
Is the dislike of a flag-burning amendment powered by opposition to
the
amendment's moral claim - that our personal freedom of expression
should
be limited for the good of the collective?
Certainly in part. I agree with the supreme court that flag burning
is an expressive act of protest, the sort of protest the founders
wanted to protect in the first amendment. I agree with their
sentiment and oppose efforts to weaken that individual right for the
good of the collective.
And it does seem particularly odd that a nation which could not ratify
an amendment to solifiy equal rights for all sexes would spend the
highly-politically-expensive amendment process on taking _away_ rights,
to save the flag.
The amendments are largely a bill of rights. The most blatant right-
removing
amendment, the 18th, met a deserving end. Only the 16th seems to
qualify
as a remaining rights-remover.
If ratified, the amendment would mean it was legal to burn the flag to
protest the USA outside the USA but not inside it. How can a country
claim to be the bastion of freedom of expression if this is true?
Is the dislike of the amendment powered by fear than any victory by
the
collective-faction will lead to more victories by that faction and
thus
result in practical, tangible limits on our freedom of expression?
There is some fear of this, but it's lesser. Again, amending the
constitution is a long and complex process, we should not wish to see
the process of doing it to reduce free speech rights become any easier.
Is the dislike of the amendment powered by a desire not to grant
even a
symbolic victory to another sector in society, in this case, to the
socially conservative Republican voters?
Nah, who cares? I suppose some Democrats might.
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