Burn the Flag? Well, No

The problem with the free-speech approach to flag-burning is that we have lived, in the past two generations, to see the guarantee of free speech cover subjects never intended to flourish under its protection.

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Members of the Communist Party USA and other anti-fascist groups burn an American flag on the steps of the Colorado State Capitol in Denver, Colo., January 20, 2021.

Michael Ciaglo/Getty Images

Over the course of this year, the centenary of William F. Buckley’s birth, we will republish an article by him weekly. This week’s article weighs the merits of arguments made in favor of protecting flag-burning as a form of speech.

The proposed constitutional amendment designed to discourage the burning of the flag is being criticized on three grounds. One is that flag-burning is an aspect of free speech; a second, that as a practical matter flag-burning is so infrequent as to warrant ignoring it rather than writing a prohibition against it into the Constitution; a third, that no amendment to the Bill of Rights has thus far been written, so that to amend it now is on the order of editing Hamlet.

William F. Buckley Jr.

About the Author

William F. Buckley Jr.

William F. Buckley Jr. founded National Review magazine in 1955.

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