Excellent case here by Eugene Volokh against the flag amendment.
I heard more conservative sentiment against the flag amendment on the radio yesterday. I didn't listen to Glenn Beck, but my daughter said he spoke against it. O'Reilly made a pro forma case for the amendment, but he had Judge Napolitano on to expose its weaknesses. The strongest case O'Reilly made was that he couldn't think of a good reason why someone should burn the flag, so it was OK to ban burning. Now there's a solid basis for determining the powers of limited government.
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