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"Our
ancestors well understood the principle that to make a people free and
self-reliant, it is necessary to let them take care of themselves, even if
they do not take quite as good care of themselves as some superior power
might." --Charles Eliot
Burn What's Yours but Not What's
Mine
by Jacob G. Hornberger, president, The Future of Freedom Foundation
Conservatives are once again calling for a constitutional amendment that
would permit the government to punish people who burn the American flag.
Opponents of the amendment contend that such an amendment would constitute
an assault on the First Amendment guarantee of freedom of speech.
Actually, however, the flag-burning matter is not a free-speech issue but
rather a private-property issue. If a particular flag is owned by the U.S.
government, I have no right to burn it because it belongs to someone else,
not to me. The same holds true for a flag owned by my neighbor or anyone
else. But if I own a flag, it belongs to me and that means I have the
right to do anything I want to it, including destroying it. The same
principle
would hold true, of course, with respect to a Constitution-burning
amendment. People don't have the right to burn the Constitution that
resides in the National Archives because it is owned by the government.
But everyone is free to burn their own Constitution because it belongs to
them. Come to think of it, have you ever wondered why Republicans and
Democrats never call for a Constitution-burning amendment?
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