[IP] Flag-Burning Amendment and Another Word War

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Lauren Weinstein <lauren@vortex.com>
Date: June 22, 2005 10:41:29 PM EDT
To: dave@farber.net
Cc: lauren@vortex.com
Subject: Flag-Burning Amendment and Another Word War



Dave,

The proposed amendment reads:

"The Congress shall have power to prohibit the physical desecration
 of the flag of the United States."

Since it specifically says "physical," we can assume that non-physical
representations such as illustrations, photos, and so on are not
covered.

But what does "desecration" mean in this context?

Public burning is obvious, but what about hanging the flag in
unusual orientations, making subtle (or obvious)
alterations/additions, or juxtaposing the physical flag with
unsavory or unpopular items or imagery?  We've been trying for
decades to deal with the meaning of "obscenity" -- are we now
setting up for similar battles over yet another word?

One thing seems pretty certain.  The passage of such an amendment
would convert the currently very rare, generally ignored act of flag
burning in this country into a potent symbol of political protest
with vastly expanded power to draw attention.  As such, we're likely
to see a massive *increase* in flag burning -- and subsequent
crackdowns -- as a result.

One hopes that this isn't what the proponents of the amendment
actually have in mind.

--Lauren--
Lauren Weinstein
lauren@pfir.org or lauren@vortex.com or lauren@eepi.org
Tel: +1 (818) 225-2800
http://www.pfir.org/lauren
Co-Founder, PFIR
  - People For Internet Responsibility - http://www.pfir.org
Co-Founder, EEPI
  - Electronic Entertainment Policy Initiative - http://www.eepi.org
Moderator, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
DayThink: http://daythink.vortex.com






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