Ken, the property rights view is one I had not thought of. I think a possible response to that concern is perhaps to prevent this being done in a public place (yes, I recognize some difficulty in adequately defining this), and it also has a "public order" aspect of disallowing yelling "Fire!" in a crowded theater, and "fighting words". More fundamentally, I believe that it is a loved symbol, worthy of protection. BTW, I'm not foolish enough to believe that those who oppose it don't love America; it is an honorable position, as is advocacy of the measure. Sure, there are details which should be considered: (1) a felony or misdemeanor (I believe a misdemeanor)? (2) a federal crime, or allowing it to be enacted and enforced on the state level? and others.
BiR, 'sorry, but yes, I think it is legislation that should be seriously considered, at least. At this point, I think the better arguments are in its favor.
Kiffen, WADR, I believe it is ridiculous to view it as idolatry. As citizens of our country, a country whose declared values are worthy and good, the symbol of that country is worthy of protection. Protection is not idolatry.
It is what separates us from China and North Korea. A flag burning ammendment seems to move us more in the direction of those 2 evil regimes.
I understand your point, but I disagree with it. Such an amendment would not outlaw speaking against American policies or any other speech, for that matter. Those regimes remain evil, protection of the symbol of our country does not put us, or threaten to put us on par with that evil. I also understand your point about insulting the flag. Burning it in hatred of that symbol, however, is the ultimate hatred.