BURNING THE FLAG

After the events of January 6, 2021, in Washington, D.C., it may be necessary to reconsider , perhaps required, to reconsider the term “burning the flag.”

Among the most vivid events of the day was the parade of flags in the attack on the U.S. Capitol. There was the American flag, there were other flags, there was the Confederate flag. Since the same group of people carried both the American and Confederate flags in the attack – would a reasonable person conclude that in the minds of the attackers, the two flags had equal value? Would a person with no knowledge of American history reach the same conclusion?

The obvious question: did the 8,000 people who attacked the U.S. Capitol on January 6, 2021, “burn the American flag?” – by their conduct [an insurrection], by having both the American flag and the Confederate flag with them?

Then, this question: did the rioter who beat a policeman with the American flag disgrace the flag? If the answer is “yes, he did,” is this, in effect, like “burning the flag?” If the answer is “no, he didn’t,” then what exactly does one have to do to disgrace, i.e., “burn the flag?”

While you are pondering that, consider this story. On December 19, 1967, there was a hockey game played at the “Metropolitan Sports Center,” in Bloomington, Minnesota. The opponents were the American National team and the Russian National team. The score is immaterial, for it is what happened BEFORE the game that is noteworthy.

Before the game, the national anthems were played. I can assure you nothing was said in that audience, not a word between spectators about the “Star Spangled Banner.” Not one word. Nothing.
What then proceeded to occur is the most fervent, loudest, singing of the American national anthem that anyone in the crowd has heard, or will EVER hear. We didn’t really sing it, we SHOUTED IT, we SCREAMED IT, we YELLED IT. – at the Russian players.
As one looked around during the anthem, there was no mistaking what was happened. The looks on people’s faces – the absolute, often scary intensity. We weren’t just doing this at them, we were intent on SINGING – SCREAMING – SHOUTING – YELLING the “Star Spangled Banner” THROUGH them.
We intended to intimidate them with that song. We intended to send a message. Every American in that crowd had reached the same point, by themselves.
Most reasonable people would likely include this was “patriotism.”

Now – back to the events of January 6, 2021. And “burning the flag.” And “patriotism.”
What should a reasonable person conclude?