Op-Ed: Senator Steve Daines on Banning the Burning of the American Flag
Press release from Senator Steve Daines’ office
U.S. Senator Steve Daines’ office announced that the senator wrote a joint op-ed in the Daily Caller with Representative Steve Womack (R-Ark.) about their constitutional amendment to protect the American flag from desecration. The full op-ed is presented below.
Congress Should Be Able To Ban Flag Burning
Our national flag is far more than just red, white, and blue fabric—it is a historic and powerful emblem of the ideals on which our nation was founded: life, liberty, and the pursuit of happiness.
The flag soared above Fort McHenry amid a storm of rockets and shells during the War of 1812.
It waved over the battlefields of Europe in the First and Second World Wars and bore witness as U.S. troops liberated prisoners from the horrors of Buchenwald, Dachau, and other Nazi death camps. It stood beside Martin Luther King Jr. at the Lincoln Memorial during his “I Have a Dream” speech and was carried across the Edmund Pettus Bridge in Selma, Alabama. On 9/11, it rose above the rubble of the World Trade Center lifted by the hands of first responders.
It has been draped across the caskets of countless Soldiers, Sailors, Marines, and Airmen who made the ultimate sacrifice, reminding us of the freedom we are privileged to cherish each day.
Since its adoption by the Continental Congress on June 14, 1777—the day that would eventually become known as Flag Day—the Stars and Stripes has taken various forms, yet its significance and the emotions it evokes remain unchanged.
Regardless of one’s perspective, the flag stands as a symbol of our nation—a nation built on the principles of free thought and expression, secured by the sacrifices of the men and women who fought to defend them. To honor their service and the ideals they upheld, the American flag deserves our respect and protection.
That’s why we introduced a joint resolution proposing an amendment to the Constitution granting Congress the power to prohibit the physical desecration of the American Flag.
Before 1989, flag burning was illegal in 48 out of 50 U.S. states. However, in June of that year, the Supreme Court ruled in Texas v. Johnson 5-4 that flag desecration was protected under the First Amendment and, thus, cannot be prohibited by federal or state statute. The following year, the Court struck down a federal law banning flag desecration in United States v. Eichmann.
Since then, we have seen an uptick in flag burning at riots across the country. Just this week, we saw videos and photos of protesters in Los Angeles spitting on an American flag as it lay burning on the ground. In December, one man tore down an American flag that had flown outside of Union Station in Washington, D.C. With the encouragement of a crowd surrounding him, he set fire to our flag, less than a mile away from our Capitol.
As President Trump said this week when he addressed our brave servicemembers in Fort Bragg, North Carolina, those who burn the American flag should be prosecuted. But without the Constitutional authority to protect our flag, these individuals cannot be held accountable for the deep grief they inflict on millions of Americans—those who understand the true meaning of the flag, from the widowed Army spouse to the newly naturalized citizen.
Our constitutional amendment would grant Congress the power to create a law prohibiting the desecration of the flag. The people’s elected representatives deserve the opportunity to consider measures to protect the flag. The flag stands as a symbol of the American people, and the decision to outlaw egregious acts like flag burning should rest with the People’s House.
Honoring the American flag means honoring our nation and those who gave their lives to defend it. It’s time to restore the power to protect this symbol to the people it represents. And it’s time to ensure Old Glory receives the respect it so rightly deserves.
Senator Steve Daines is the senior U.S. Senator from Montana.
Representative Steve Womack represents the third district of Arkansas.
Why do Republicans hate free speech (unless it's their speech, of course). If they really want to protect the flag then keep it from being used for apparel, keep it from being used as a gimmick (businesses flying huge flags or communities putting up the American flag everywhere) and outlaw changing the color of the stripes.
This is what he's worried about?