Last month Justice Antonin Scalia was politely quizzed by Norman Pearlstine, the outgoing Time Inc. editor in chief. The event, held in Time Warner's New York headquarters, was supposedly off the record, but so much of it has already been reported that it will not hurt to add Scalia's views on flag burning. He explained why it was constitutionally protected speech. It's a pity Hillary Clinton was not there to hear him.
The argument that this famously conservative member of the Supreme Court advanced -- actually, reiterated -- was that while he may or may not approve of flag burning, it was clear to him that it was a form of speech, a way of making a political statement, and that the First Amendment protected it. I could not agree more.
Clinton, apparently, could not agree less. Along with Sen. Robert Bennett, a Utah Republican, she has introduced a bill that would make flag burning illegal. It is probably important to note that this is not a proposed constitutional amendment, and it is written in a cutesy way that does not explicitly outlaw all flag burnings -- just those intended to "intimidate any person or group of persons." That's a distinction without a difference to your average police officer. Not many cops belong to the ACLU.