Conservative, Libertarian, or Radical

No Moderates

There are no moderates in the Reagan majority on the Supreme Court. The Reagan appointees (counting William Rehnquist be cause Reagan elevated him to Chief Justice), are divided among themselves but have sufficient in common to be the dominant force on the Court when they so desire. This unity was demonstrated in the abortion ruling, Webster v. Missouri and in the civil rights cases but was lacking in the flag burning case.

Freedom of Expression

The Court ruled it was okay to burn the flag as a means of expression as long as there was no threat to life or property. Opinions exploded all over the front pages of the newspapers and on TV news and commentary. President Bush, who as candidate Bush provoked the incident, rushed to offer a Constitutional Amendment to prevent physical desecration of the flag. Many members of the Congress rushed their own amendments into the hopper. Other Senators and Representatives are fashioning legislation to take care of the matter through normal law making without resort to tinkering with the Constitution. The mood is hysterical.

Diversity v Uniformity

Diversity promotes the stability of ecosystems. Genetically pure varieties of wheat are prone to catastrophic losses from disease if planted in large areas in mono-culture. One industry towns are prone to catastrophic change if the one industry shuts down. Coal mining towns are an example of this. Pittsburgh saw itself as the potential victim of one industry — steel — and purposely set out to diversify. There are now some 800 separate industries in Pittsburgh. Asymmetry and diversity are rich in information.

Conformity Impedes Progress

Uniform systems, by definition, have less information. They are prone to sudden, whimsical, and unprediction changes. Conformity in human systems reduces the richness of information and innovation. Conformity in thought impedes progress and innovation and stultifies creativity. In human systems conformity is associated with authoritarianism and dictatorship.

Fertile Democracies

Intellectual confrontation and conflict, diversity of opinion, and dissent are the fertilizer of democracy, they are the nutrients of democratic thought. Conformity, uniformity and consonance are the enemies of democracy since they require the stifling of individual expression and lead to mediocrity. Look at any of the Communist States of Eastern Europe trying out democracy and this fact is painfully clear.

Individuals, Citizens, Sovereigns

We have to remember that in American society we are not talking simply about the rights of an individual, we are also talking about the rights of that individual as sovereign. It is impossible to conceive of a democracy without a pluralistic society and it is impossible to think about a pluralistic society without dissent.

Us the People

Our government was established to provide the unalienable rights to Us the People. We have rights by virtue of being human. We have rights given to us by the Declaration of Independence and we have rights derived from the Constitution. The government is here to serve Us the People, we are not here to serve the government. The government is here to venerate Us the People, but we are not here to venerate government.

A Changing Symbol

The flag is a changing symbol. The flag is not the nation. It does not represent the nation. The flag has no powers and confers no powers. The flag is an ornament and we have had many flags starting with Old Glory, with the 13 stars in a circle and evolving to the flag with the field of fifty stars. If Puerto Rico elects statehood the flag will have 51 stars. If the District of Columbia ever becomes a State it will be fifty-two stars. Is a flag with 49 stars the flag? Or is the flag with 48 stars the flag? The answer in both cases is no. Did the flag burned at the GOP Convention have 50 stars? It might have not even been the flag.

Partisan Political Use of the Flag

Candidate Bush used the flag symbolically to convey his deep sense of patriotism. His deep sense of patriotism was aimed at furthering his political ambition. Many people in this nation think that to use the flag for partisan political purposes is tawdry, tacky and a desecration. The notion is if you have to demonstrate your patriotism it probably is to make up for your own deficiencies. Candidate Bush also lashed out at his opponent on the question of the Pledge of Allegiance.

The War Hero and the Protester

Candidate Bush was a war hero. He didn't have to flaunt his patriotism. He was in the hands of his campaign managers and his come-from-behind campaign was designed to pull out all the stops to win. The intensity of the Willie Horton campaign which did so much to exacerbate racial tension was part of that effort. The protester could have had just as deep a sense of patriotism and love of the flag as did Candidate Bush but chose to burn the flag to demonstrate his revulsion at the use of the flag for political partisan purposes. The flag did not belong to Candidate Bush or the Republican Party. It belongs to Us the People. What was demonstrated at the GOP Convention was the extremes of allowable expression using the flag. Candidate Bush wrapping himself in the flag and the protester in revulsion burning it.

Respect the Flag

The flag is to be respected not revered. The flag requires proper handling and care but it is not sacred. All the attention of the flag burning incident centered on the burning of the flag and the protester. Hardly any attention was focused on the grievance of the protester, namely using the flag for partisan political purposes and by innuendo accusing the other candidate for President of being soft on patriotism.

The Limits of Dissent

What are the limits of dissent? What is freedom of speech? Any thing short of shouting fire in a crowded theater which the protester did not do. We should respect our flag, but the government that flag represents has to earn our respect. Our freedoms, among which is free speech, are the only mechanism We the People have to compel that respect.

President Bush and the Congress work for that protester. So does the Supreme Court which seemed to know it.

. . . Ted Sudia . . .

© Copyright 1989
Institute for domestic Tranquility