The American flag. (Karsun Designs/FlickrCC)

President Donald Trump signed an executive order that criminalizes the burning of the American flag. The U.S. Supreme Court has ruled that burning the flag is protected speech under the First Amendment to our Constitution. What are we to make of this?

Opinion

I am first reminded of a quote from columnist Molly Ivins, my favorite Tejana. She wrote, “I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag.”

Ivins’ quote assumes that there is a level of difference between our flag and our Constitution. She’s right, there is a stark difference between the two. And for those of you who just puckered up for patriotic reasons, read on.

The difference lies in the fact that the flag is a SYMBOL of the United States, and the Constitution is the real thing.

Better semanticists than I — like Korzybski, Hayakawa and Wittgenstein — can explain more clearly how symbols are not real things. The map is not the territory. The symbol is not the thing it symbolizes.

They would tell you that symbols are convenient shortcuts to thinking. That a fixation on the symbolic excuses a lazy mind from doing real mental labor. For someone to blindly embrace a symbol as if it has real meaning, and to neglect to seek the reality behind the symbol, is to fall into a comfortable intellectual trap.

Perhaps that is the reason that some folks firmly believe that the flag symbolizes them and their egos. Thus, they ostentatiously display the flag as a symbol of their own patriotism, when the Pledge of Allegiance clearly states that the flag stands for our republic alone.

Symbols like Old Glory, or a star-spangled screaming eagle tattoo, or a Harley Davidson festooned with stars and stripes are great tools for provoking emotional responses and fervid patriotic reactions, but they are not the real deal. Our Constitution is.

Columnist Rod Miller.(Mike Vanata)

Symbols are easily manipulated to stir us up emotionally, but they are no help in a pinch when reality is required.

Case in point. If you are ever called upon to defend your inviolable civil rights against a government that wants to violate them, you’ll end up in a courtroom. The American flag sits idle in a corner of that room, hanging limply from a pole, while the Constitution of the United States is by your side, working. The flag won’t help you, but the Constitution, embodied in the law, will.

Do you now see what Ivins was saying?

Or consider this: The flag prompts us to think of government as “we.” Our Constitution, and everything that went into adopting it, prompts us to think of government as “they.”

This manner of thinking sharpens the dichotomy of how we think about the flag and the Constitution. If citizens accept the definition of the flag as “we,” of course, they’ll get offended when someone burns it. The act becomes a personal attack, an attack on how someone thinks about themselves, an attack on their patriotism, even if that patriotism is blind.

If, however, citizens view the flag as a symbol of government as “they,” then a flag burning will be looked upon as an affirmation of the citizens’ superiority over government. Burning the flag says that government must align itself with the citizenry, not vice versa.

The United States Supreme Court agrees with the latter view. In Texas v. Johnson (1989), the court affirmed that burning the American flag is protected speech under the Constitution. Since that decision, both sides of the political spectrum have displayed disrespect for the flag as disrespect for government. And the Constitution protects both sides.

For a president, or anyone else for that matter, to try to penalize disrespect for a symbol, like the flag, is tantamount to saying that the symbol is more important and more worthy of protection than what it symbolizes. To violate an American citizen’s right to burn the flag as a form of political expression, places a piece of cloth above the instrument that guarantees that right. It is the triumph of symbolism over reality.

The American flag symbolizes, among other rights, the right of a citizen to burn it. For Trump or any other politician to criminalize flag burning is to reduce the flag’s symbolism to the merely patriotic and, by extension, to reduce our Constitution to mere words on paper.

Columnist Rod Miller is a Wyoming native, raised on his family's cattle ranch in Carbon County. He graduated from Rawlins High School, home of the mighty Outlaws, where he was named Outstanding Wrestler...

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  1. I fly the flag in my front yard and have done so for years. I started it for my boys, a Marine and a Sailor, when they were deployed overseas in the late 90’s into early 2000’s. I usually hoist it every year when the weather turns nice and take it down after the first snow. When it gets tattered and shredded, which usually results from a year or two of exposure to Wyoming’s notorious wind, I fold it into the military triangle shape and burn it in my wood stove sometime after the weather turns cold. Unlike my Gramp, Dad and Uncles, I never served and I suppose it’s just my way of showing respect for those who have. As for the symbolism between the flag and the Constitution, I would never burn the latter, no matter how tattered some power hungry politicians want to make it out to be.

  2. 4 U.S.C.
    United States Code, 2011 Edition
    Title 4 – FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
    CHAPTER 1 – THE FLAG

    (k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.

  3. I’m all right with specific prominent symbols being more sacred than others. National unity counts for something too. Granted, the progressive Left labels any support for national unity as a Nazi threat. Statues must be all torn down and replaced. E Pluribus Unum should be relegated to the dust bin of ancient history. Government must only be thought of as ‘they’, not ‘us’. So much for government of-by-for the people I guess.

    If burning an American flag shouldn’t be criminalized when doing so incites further violence or breaks other laws, then why did the Florida teenager doing a burn-out across a newly painted Pride flag cross walk face felony charges? And why was this act megaphoned as ‘hate speech’ by the Left? Both the pot and kettle are probably black in my mind.

    1. Funny stuff as I opined to Rod the other day that this country started going down hill when Eisenhower replaced E Pluribus Unum with “in god we trust” and not when prayer was removed from school.

      The statues and the burnout are plainly symbols of hate and intimidation and I would suspect that the driver was cited for some other infraction than defacing a symbol and yes that was the case. Same issue with the coal rollers in Laramie, they get cited for speed or reckless operation and not for polluting my breathing space.

      https://cbs12.com/news/crime/driver-sentenced-for-burnouts-at-delray-beach-lgbtq-rainbow-intersection-palm-beach-county-probation-unity-inclusivity-vandalism-wednesday-january-8-2025

      1. Appreciate that Greg, and also can relate to Rod’s perspectives. Not sure it’s been properly emphasized that burning the flag from Trump’s EO is only criminal if doing so leads to further violence or breaks other local laws. Just burning a flag as part of a fully peaceful protest is still totally protected and remains unchallenged. Burning a flag while burning down and demolishing the neighborhood, not so much.

  4. Love your stuff Rod. Maybe I am mistaken, but I remember the quote re: flag/constitution, as having been presented in the House of Representatives by Rep. Ron Dellums of California. Maybe HE quoted Molly Ivins, I don’t know for sure.

    The Pledge is and always has been, a very divisive bit of prose that has been beaten to death over the years for its “symbolism” and “patriotism”. I never did buy it, even in grammar school when we had to recite it every morning. I also got kicked out of Boy Scouts for asking too many questions.

    I always look for your observations and enjoy your acerbic humor. Keep up the great work.

    Francis Wile aka Moby Wile

  5. “Nationalism [in Germany] is the illegitimate offspring of patriotism by inferiority complex.”

    –Sir Horace Rumbold, British Ambassador to Nazi Germany, Secret Dispatch to the British Foreign Office, 26 April 1933

  6. Thank you for this clear and concise explanation of the differences between patriotic symbolism and patriotic compliance, i.e. following our constitution.
    Obviously POTUS has either no clue as to the differences or just doesn’t care. Stirring the emotions of his faithful is more important to him than adhering to the constitution and supreme court rulings.

  7. The reactions of our US Senators to the flag-burning bombast from Trump was predictable, but disappointing. Happy to throw free speech under the bus if it’s not “the right” free speech, our Senators are big on the theater of pledging allegiance to the flag, but real short on “to the republic for which it stands”.

    Do we show our support for the men and women who have bravely fought and died to protect the United States by wrapping ourselves tightly in the American flag and singing God Bless America at the top of our lungs, or by adequately funding veterans services, focusing our troops on national defense rather than illegal displays to boost Presidential ego, and respecting the judgement of senior officers?

    To steal a lick from Rod Miller’s folksy lexicon, the old saying, “all hat, and no cattle” comes to mind.

  8. So well said! As a child who grew up in the sixties and watched the protests of the Vietnam war on TV, including flag burning, I remember my dad saying, “I don’t agree with what they’re doing, but I’d die for their right to do so.”

  9. As usual Mr. Miller gives us the best civics lessons ever daily
    never to be listened to or cared about by the lunatic right led by a huckster who knows how dumb most Americans are about what it means to be a patriot and nice human being

  10. This is similar to all the discord surrounding kneeling during the national anthem protests. People would always shout how it’s disrespecting veterans and the military by doing so. As a veteran I have NEVER been offended by someone kneeling during the national anthem or burning a flag. I did not sign up to fight for a flag. I signed up to fight for the constitution and thus I am proud of every form of non-violent protest, this includes kneeling and flag burning. And until those in charge start listening to the people… Let those motherf*ckers burn.

  11. So called patriots are disrespecting the flag daily in America.

    Flying the flag 24/7 outside your home rain, wind and shine until it hangs torn and tattered is the ultimate disrespect.

    Hanging it behind your vehicle being enveloped by gas and diesel fumes until it too is a tattered and forlorn facsimile is equally shameful.

    The only patriotic thing to do when these flags are in this condition is to burn them. But these pseudo patriots just throw them in the trash.

    Dave Gustafson

  12. First of all why does anyone WANT to burn the flag?Certainly if they want to buy up a bunch of flags to use for a fire…..it’s the3ir money. That sounds pretty stupid to those of us who honor our flag as a symmble of the freedoms we have in our country. However if folks want to spend the money for one to burn…just shake our heads and go on. Now if they want to burn flags bought and put up by someone else , they are breaking the law and the appropirate action is deserved. It is hard to understand why they want to destroy the very thing that allows them that right.

    1. You missed the point. The flag doesn’t give (or allow, in your word) anyone any rights. The Constitution gives/allows us the right, specifically in the First Amendment, and that was confirmed by the Supreme Court. Read the piece again, and then review the comments. Maybe it will sink in!

      1. Jan, the Constitution doesnt give/allow people our rights. We are BORN with them, we all have the same rights whether you live in Lander wyoming or Bejing China. The Constitution is supposed to protect our rights from being taken away, the way other human beings on this planet have theirs taken away in other countries.

        1. We’re not born with any rights, they are given to us by humans-if you’re lucky enough to have a HUMAN made constitution like ours.

  13. The semantics debate over “us” the people v “them” the government and how it plays out in the symbolic interpretative act of flag burning is an important discussion. Yet the argument still, and must come around to the very substance and essence of the First Amendment which Justice Henry Jackson eloquently and profoundly addressed in his majority opinion in the “West Virginia State Board of Education v Barnette (1943)” flag saluting case. Jackson famously wrote, “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” https://constitutioncenter.org/the-constitution/supreme-court-case-library/west-virginia-board-of-education-v-barnette

  14. I think one of the most disgusting things I have ever seen was a man who cozies up to dictators, ignores the rule of law, thumbs his nose at the Constitution consistently, cross over the stage and hug and kiss the American flag. I saw a great cartoon of that disgusting display where the flag’s cartoon bubble said, “Just burn me, please!”