Montana’s Republican Senator Steve Daines has introduced a Constitutional Amendment intended to reverse a 1989 U. S. Supreme Court ruling on flag burning. That ruling found burning the American flag to be protected Constitutional free speech under the First Amendment. Daines wants to give Congress authority to prohibit burning the stars and stripes, and he has the backing of some veteran groups.
“The American flag has been a symbol of hope and freedom for centuries and ought to be respected,” Daines stated. “Our nation’s flag must be set apart as a protected symbol worthy of honor.” In a June 14 Flag Day release, Daines quoted the American Legion of Montana as saying, “It is long past time that the flag of the United States be protected from desecration. The American Legion of Montana applauds Senator Daines’ effort to protect the flag.”
The Department of Montana Veterans of Foreign Wars were also quoted as being in support. “The U.S. flag should be protected by the U.S. Constitution in the name of all veterans that gave their lives to protect it,” the VFW said, according to Daines. The amendment is co-sponsored by U.S. Republican Senators John Cornyn (R-TX), Johnny Isakson (R-GA), Mike Crapo (R-ID), Lindsey Graham (R-SC), Dean Heller (R-NV), Chuck Grassley (R-IA) and Orrin Hatch (R-UT).
A Constitutional amendment requires a two-thirds majority vote in both the House and Senate to be approved by Congress, or approval by two-thirds of state legislatures in a constitutional convention.
