Flag Burning = Cross Burning : According to Jim Talent (Sen.) [View All]

[Mom_and_Dad]

The following is a responce I recieved to a letter sent to my Senator regarding
the Ammendment on Flag Burning.


BEGIN EMAIL....

From - Tue May 31 09:27:19 2005
From: "Senator Jim Talent" <[e-mail]>
Subject: Re: No Constitutional Amendment for Flag Desecration
Date: Tue, 31 May 2005 10:17:33 -0400

Dear Mr. ...

Thank you for contacting me about S.J. Res. 4,
constitutional amendment to ban desecration of the flag. I
appreciate the time you have taken to share your views with me,
and I welcome the opportunity to respond.

I agree with you that freedom of speech is one of the pillars
upon which this country was built. It allows us the freedom to
express ourselves within the confines of society. I would never
support restricting anyone's right to say or write anything they
want about the flag or America. But burning a flag is not speech;
it is an act with expressive overtones, and that distinction is crucial
for constitutional purposes. For example, the Supreme Court
recently held, properly in my view, that cross-burning could be
prohibited, even though it is obviously an expressive act, because
of the important interests at stake.
We have a great interest in protecting the physical integrity
of the flag. The flag is the only unifying symbol of our Republic.
It represents that common history and heritage which holds
America together notwithstanding religious, cultural, or political
differences. Physical and public desecration of the flag degrades
those values and coarsens America far more than any speech or
political dissent possibly could.

Based on these points, I believe the flag amendment is fully
justified. That is why I am an original cosponsor of S.J. Res. 4.
The proposed amendment protects all actual speech and carves out
only the narrowest range of expressive conduct which may be
regulated. It will not prevent anyone from saying or writing
anything, however offensive, about America, the flag, politics, or
anything else. The marketplace of ideas was strong and vital for
the first two hundred years of our Republic, during which time
States routinely passed such laws.

Again, thank you for contacting me about this important
issue. If I may be of further assistance, please don't hesitate to call
or write.


Thank you for your email. To contact me on this or any other subject,
please go to http://talent.senate.gov/Contact/default.cfm

Sincerely,

Senator Jim Talent

END EMAIL...

There isn't even an ammendment on Cross Burning. WTF?
Cross Burning seems to be protected. RE: So. Carolina Cross Burnings.

This from CNN:
Burning a cross without the permission of the property owner is a misdemeanor in North Carolina. However, the U.S. Supreme Court ruled in 2003 that, under the First Amendment, cross burning could be barred only when done with the intent to intimidate.

I am appalled and horified.

I will be taking it up with my Senator.