Flag desecration is not a constitutional issue for the courts. It is a political one that belongs to the people.

Laws protecting the United States flag do not cut away at the freedom of speech guaranteed in the First Amendment... Congress made this position clear upon passage of the Flag Protection Act of 1989, which prohibited desecration of the flag.

We do not consecrate the flag by punishing its desecration, for in doing so, we dilute the freedom this cherished emblem represents.

Unfortunately a Constitutional amendment that would have empowered Congress to make desecration of the United States flag illegal failed to pass by one vote.

The constitutional presumption is for openness in the courts, but we have to ask whether we are really honoring that. What are the reasons for so many cases remaining under seal?

been able to take the partisanship out of this issue, and I think that frightens the White House. They would like to make it a partisan battle. So they do risk, if they bring these congressman over here, re-injecting a partisan fight.