European Stars and Stripes (Newspaper) - March 16, 1990, Darmstadt, Hesse                                Page 10 the stars and stripes Friday March 16,1990 columns James j. Kilpatric Kanti Flag burning fever in essence anti Freedo m when the Flag Protection act of 1989 became Law this past october Many critics predicted that the act would not survive until Spring. They were right. Two Federal judges one in Seattle and the other in Washington d.c., now have held the Law unconstitutional. We arc headed for another bloody round in the . Supreme court and the end of this controversy is not in sight. This is what the act provides a whoever knowingly mutilates physically defiles Burns maintains on the floor or ground or tramples upon any Flag of the United states shall be fined under this title or imprisoned for not More than one year or  the Law applies to a any Flag of the United states or any part thereof made of any substance of any size in a form that is commonly  a final provision orders the supreme court to accept a direct Appeal from a . District court and to expedite a decision. A ruling is expected before the court ends its term in late june. In Seattle District judge Barbara Rothstein found that the act is Only superficially  in reality the purpose of the Law is a directly related to the suppression of free  she brushed aside the argument of counsel that the Flag May legally be protected As an a incident of  in Washington District judge june Green came to the same conclusion. She was acutely aware that Flag burners a mock and trivialize this solemn Symbol of our nations soul a but the first amendment was not adopted to protect Only the expressions of a pleasing lovable persons with whom everyone agrees. It seems unlikely at least to this observer that the supreme court will reverse these judgments. True a tradition of comity holds that the High court looks at an act of Congress with some degree of respect. Federal Laws Are presumed constitutional until found otherwise. Moreover the 1989 act is significantly different from the Texas Law that figured in the landmark Johnson Case last june. Even so the purpose of Flag burning has not changed. This is political expression a contemptible expression to be sure a but expression nonetheless. And Freedom of expression is one of the great values symbolized by the Flag. In the landmark Case of Gregory Lee Johnson last june five members of the High court a Brennan Marshall Blackmun Scalia and Kennedy a agreed that burning the Flag As an act of political protest is constitutionally protected expression. Nothing has happened that we know of that might persuade any one of them to change his mind. The probabilities Are Strong that the 1989 act will be thrown out 5-4, on the same reasoning that applied to Johnson a conduct. What then the lamentable Prospect is that pressures immediately will form behind a constitutional amendment. No fewer than 57 resolutions Are pending All of them intended to overrule the court. One such Resolution sponsored in the Senate by Republican Bob Dole of Kansas bears the signatures of 53 members a not far from the 66 votes needed for approval. It is Short and simple a the Congress and the states shall have Power to prohibit the physical desecration of the Flag of the United  democratic sen. Robert Byrd of West Virginia is a Little More explicit. His amendment would cover a the desecrating mutilating defacing defiling or burning of any Flag of the United states. Charles Grassley of Iowa would add the offence of a a trampling upon the Flag. On the House Side Andrew Jacobs of Indiana weighs in with some unrelated language. His Resolution provides that neither desecration of the Flag nor Quot the expenditure of Money for the election of Public officials is protected speech. It is but a Short step to ban pornography and to authorize prayer in Public schools this Way lies the gutting of the first amendment. Various Public opinion polls show regrettably Strong support for a constitutional amendment on desecration of the Flag. Members of Congress who believe in Freedom a who really truly believe in Freedom a ought to resist this emotional wave of misguided patriotism. The pending resolutions All 57 of them should be killed. Flag burning is not a serious problem in our Republic. The few isolated incidents that come along should be ignored and the Showoff should be treated with the contempt they deserve. But unwarranted limits on Freedom of expression Are serious matters indeed. Leave the Constitution alone c Universal press Syndicate a a a a in Kithes i Mpr ipes nato can defend without nukes Aspin cites new pcs assessment Gagger Jug Milf jp5% in Sass Bush urges $300 million Aid plan for Nicaragua is. Italy truck strike choking fuel Supply is Sis Ives. Shevery Day can make a world of difference in your life in a world that never takes a Day to rest every Day can make a world of difference. A Day can mean the difference Between a Campaign and a Victory. A budget and a budget Cut. A revolutionary idea and a revolution. The stars and stripes has All the news it takes to keep you on top of the world s events. And a subscription to the stars and stripes can assure you that you la never fall a Day behind. 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