Just wondering who voted for it.

I understand the desire of most Americans (myself included) to protect our basic freedoms. I also understand that far too many Americans confuse the symbol that is the American flag with the actual fact that is our constitution, particularly the first amendment to that constitution. I further understand that one of the tenets of Communist China is that a person can critique many aspects of the society but may not criticize the form of government -- and that an attempt to ban flag-burning is the first step down that road.

If you think I'm accusing those who support such an amendment of being latent Communists, you're not far wrong.

The whole point of constitutional rights is they are not subject to plebescite; only super-super-majorities can touch them.

Except in a totalitarian society, no one needs constitutional protections to say the things everyone else is thinking. It is generally unpopular beliefs which need protection.

So, putting the question to a plebesite sort of defeats the point.

Flag-burning is a politically counterproductive activity engaged in by imbeciles. It is unpopular because it should be. Therefore, it merits protection. I am proud to live in a country where I'm allowed to burn my flag--it's what makes my flag worth saluting.

Some things are to important to leave to the democratic process.

Gatemouth your argument is so flawed that you need to re-think it. So tell me: when is a plebiscite necessary? And who determines that? Antonin Scalia summed up this "flag burning" issue best, when he wrote a concurring opinion in the deciding case; go dig it up.

My point was that this is a silly piece.

Who cares what the public or any segment of it think about a constitutional right? If the Bill of Rights were put to a vote, the Divinity of Jesus would be taught in every public school. But, the whole point of the Bill of Rights is that it embodies things too important to be subject to public opinion.

Flag burning is despicable; so are Nazi's marching in Skokie. But despicable speech is protected --thank God!

So what's the point of the unscientific snap-poll? We all know if banning flag burning was put to a national vote, it would win. Big.

Thank God we live in a country where some things are too fundamental to be subject to popular referendum. It makes me feel like saluting the flag. Right now.

Someone burning the flag and exercising their Constitutional right as freedom of speech or a tattered flag hanging at half staff like the one in Buffalo in memory of Tim Russert?

Personally, I don't like to see our flag burned but I do defend the right of someone to do it. You give up one freedom and the others will follow.

..the US Flag Code says the proper way to dispose a damaged flag is to..burn it.

This is starting to get pretty boring, unless someone takes the other side..

Hmm, wonder whatever became of Wallner.

Title 4, Chapter 1 of the United States Code deals with the flag. But these laws of the land are often ignored. Some ways in which the flag is "officially" desecrated:

Sec. 6(c): "The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed." (I have seen the flag -- not an "all weather" type, flying in the rain above a courthouse right here in NYC.)

Sec. 7(a): "The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section."

Sec. 7(b): "The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender."

Sec. 8(d): "The flag should never be used as wearing apparel, bedding, or drapery..."

THE BIG ONE: Sec. 8(i): "The flag should never be used for advertising purposes in any manner whatsoever."

Sec. 8(j): "No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations."

To those people who favor a constitutional amendment banning flag-burning, I'll make you a deal -- I'll support your amendment when you have first eliminated, or made sufficient attempt to eliminate, current flag desecration, as defined in the above sections, and punished the desecrators.

Doesn't it also say something that the flag should never touch the ground? I also believe there are rules on how the flag should be folded.