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Flag Burning Amendment : ウィキペディア英語版
Flag Desecration Amendment
The Flag Desecration Amendment, often referred to as the Flag-burning Amendment, is a proposed constitutional amendment to the United States Constitution that would allow the United States Congress to prohibit statutorily the physical desecration of the flag of the United States. The concept of flag desecration continues to provoke a heated debate over protecting a national symbol, protecting free speech, and protecting the liberty represented by a national symbol.
While the proposed amendment is frequently referred to colloquially in terms of expression of political views through "flag burning," the language would permit the prohibition of all forms of flag desecration, which may take forms other than burning, such as using the flag for clothing or napkins.
The most recent attempt to adopt a flag desecration amendment failed in the United States Senate by one vote on June 27, 2006.〔(Flag-burning amendment fails by a vote ), CNN.com, June 28, 2006.〕〔(Amendment on Flag Burning Fails by One Vote in Senate ), ''New York Times''. June 27, 2006.〕
==Proposed amendment==

The full text of the amendment (passed several times by the U.S. House of Representatives):
:''The Congress shall have power to prohibit the physical desecration of the flag of the United States.''
This proposed amendment was intended to give Congress the right to enact statutes criminalizing the burning or other desecration of the United States flag in a public protest. Proponents of legislation to proscribe flag burning argue that burning the flag is a very offensive gesture that deserves to be outlawed. Opponents maintain that giving Congress such power would essentially limit the principle of freedom of speech, enshrined in the First Amendment to the United States Constitution and symbolized by the flag itself.
The theories underlying these First Amendment principles include: a robust national discourse about political and social ideas; individual self-realization; the search for truth; and, speech as a "safety valve." These concepts are expounded in both the majority and dissenting opinions of the cases described below. There Justice William Joseph Brennan, Jr. noted that the "principal function of free speech under our system of government is to invite dispute; it may indeed best serve its high purpose when it induces condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger."〔(Texas v. Johnson ) 491 US 397, 428 (1989)〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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