From
Newsday:
Sen. Clinton co-sponsors anti-flag burning law
December 5, 2005, 10:44 AM EST
WASHINGTON (AP) _ Sen. Hillary Rodham Clinton is supporting new legislation to criminalize desecration of the United States flag _ though she still opposes a constitutional ban on flag attacks.
Clinton, D-N.Y., has agreed to co-sponsor a measure by Republican Sen. Bob Bennett of Utah, which has been written in hopes of surviving any constitutional challenge following a 2003 Supreme Court ruling on the subject.
Her support of Bennett's bill follows her position in Congress last summer, when a constitutional ban on flag-burning was debated. Clinton said then she didn't support a constitutional ban, but did support federal legislation making it a crime to desecrate the flag.
In her public statements, she has compared the act of flag-burning to burning a cross, which can be considered a violation of federal civil rights law.
The Bennett-sponsored measure outlaws a protester intimidating any person by burning the flag, lighting someone else's flag, or desecrating the flag on federal property.
The first item of the bill, outlawing a protester intimidating any person by burning a flag, is redundant: the courts have long held that speech meant to threaten or intimidate is not protected. There is also the question of whether such a law oversteps the very firm boundaries set by the Article I, Sections 8 and 9 of the
Constitution, which carefully lays out what Congress can and can not do.
The second item of the bill, outlawing the lighting of someone else's flag, is also redundant, as it amounts to theft and vandalism, crimes that are already outlawed under local and state statute. It likewises seems to fail with regards to the scope of Congress' power.
The third item of the bill, outlawing the "desecration" of the flag on federal property, is within the scope of Congress' power but is clearly not constitutional.
And anyway, why would she co-sponsor a law that does the same thing as the constitutional amendment she refuses to support? Which is the
real Hillary Clinton? If she is willing to co-sponsor federal legislation that limits established civil rights, what can we expect from her as President?