And typically, our U.S. House of Representatives takes advantage of the ground swell of red, white and blue enthusiasm. This year is no exception. I recently read in a Houston Chronicle editorial that the House Judiciary Committee passed a Flag Desecration Amendment which outlaws, all together now, flag burning.
The erstwhile Texas Attorney General, John Cornyn, now the enthusiastic freshman Senator and chairman of a jurisdictional subcommittee charged with the flag desecration issue, will undoubtedly bring the issue to the Senate floor.
Oh boy. I just love when history repeats itself. In 1984, Gregory Lee Johnson burned an American flag, an offense prohibited by Texas law. The odious act was part of a political demonstration being held during the Republican National Convention, in Dallas.
The protestors marched and chanted to show their disdain for Reagan's policies and to dramatize the consequences of nuclear war. There were plenty of people who participated in criminal mischief, such as overturning potted plants and spray-painting the walls of buildings. None of those mischief-doers were arrested. Only Mr. Johnson, who's sole act was to burn our beloved banner, was charged. Texas vs. Johnson.
In an opinion authored by Justice William Brennan, the Court decided that the state's claim that there was a breach of peace, was unwarranted, because the claim was substantiated only by evidence of understandably offended bystanders. Furthermore, the Government was not allowed to assume that "every expression of a provocative idea will incite a riot." Nor was this conduct considered "fighting words."
The state also urged upon the Court the 'patriotism' theory: the flag is a "unifier," a "symbol of nationhood." While that argument might actually fly (intended) with today's Court, the Justices in 1984 weren't buying. The thought process was, according to the Court, that some may be led to believe that the waving banner doesn't represent "national unity," but that it exemplifies negativity. Justice Brennan opined that to even consider these issues, a flag-burner must be communicating. That's free expression. It is protected expression.
Still is today. But hey, let's hand it to my Texas brothers and sisters for admirable creativity. I should also mention that the 1984 decision wasn't unanimous. Four Justices, three of whom are still sitting, dissented. Their defense of the Texas law focused on the flag's history, nationhood; in short, patriotism. All laudable and heartfelt sentiments. And all the more reason why we must fiercely guard the rights of those who disagree with those sentiments.
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