Lawmakers predictable about flag-burning issue

The U.S. House of Representatives is unfailingly predictable when it comes to one issue: the American flag.

Seven times an anti-desecration amendment has been placed before House members, and seven times they have adopted it. Last Wednesday was the most recent demonstration of what many consider an unquestionable act of patriotism.

But the patriotism envisioned by the Founding Fathers included lots of questions, and debate and dissent. Just the kind of expression that's protected by the First Amendment — the kind of expression that includes political demonstrations and, as offensive as the act is, the possible torching of an American flag.

James Madison hardly could have imagined that the 45 simple words he penned more than 200 years ago would cause so much frustration in the ensuing two centuries.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the rights of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Ratified as part of the Bill of Rights in 1791, the First Amendment is perhaps the most widely known of the first 10 amendments, although an unscientific survey of folks revealed a knowledge gap about just how many rights the amendment covers. Many could cite the speech, religion and press components; assembly took some coaxing; forget about the right to petition.

The beauty of living in a free country is that "the government" doesn't get to pick and choose which types of expression are protected while making others unacceptable. How many reports of imprisoned Christians, jailed journalists and shuttered newspapers — with datelines from Iran and China, Uzbekistan and Sierra Leone, Burundi and Azerbaijan — does one have to read before fully appreciating the protections that the First Amendment guarantees?

Granted, forms of speech do exist that can be actionable under U.S. law. You can't threaten the president. Don't joke about having a gun or a bomb in an airport. Some folks cite yelling, "Fire!" in a crowded theater, although I've heard vigorous debates about whether that's a First Amendment issue or one of inciting a public danger.

The connection between speech and action is a tenuous one, and it is where the divide on the physical desecration of the flag occurs. People may not want to hear unkind things said about their government or the country's leadership, but most recognize that, as an American, you have that right to say them.