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June 23, 2005
Assaults on Liberty (Pithy)

Posted by Bill

Flag burning amendment: Doesn't a constitutional amendment criminalizing flag burning counterintuitively enhance its appeal as a gutsy form of civil disobedience? If it were to pass the Senate, someone that burns a flag might actually be considered a rebel, rather than merely a petulant fool burning a flag.


The Supreme Court's decision against property rights: Whether you're conservative or libertarian (or liberal with a house that's specifically due to be seized by the state and bulldozed to make way for a Chuck E. Cheese), looks like the SCOTUS done pissed us all off, now didn't they?

I'm with Goldstein's call for civil disobedience. Malkin - linking like a maniac - has the definitive round-up. Reynolds: "A man's home is... somebody else's piggy-bank."

UPDATE: Stones Cry Out:

Kelo blurs further the line between public and private land. While I agree that in the specific Kelo case, the overall development plan would provide for a public benefit, since the petitioners’ property was causing no immediate harm to the public, the government’s role is to establish the plan, and the market’s job to implement it. If Pfizer could not purchase the land required to build their factory, then they have to take their project elsewhere; they have no inherent right to the property. Taking it in this instance is not only unconstitutional (despite what five justices say), it is immoral.

UPDATE: It's believed that precedent from this decision has already had a drastic impact on personal property rights: Hubris v. SCOTUS. (Warning: filthy, puerile metaphor. Crass, even. Whatever you do, do not click on this link)

UPDATE: The complete text of the Supreme Court's ruling.

And I'm not surprised that Bill Quick doesn't approve:

The reason to be angry about this is not that home owners everywhere are in danger of losing their house. This is theoretically, but not practically, possible. The reason to be angry about it is that the courts have completely abdicated all responsibility to check the government's actions in this arena. It is WIDE open. So long as the government has a superficially rational reason for the ED, the courts will allow it. Kelo just clarifies that increasing the tax base is a "public use".

Posted by Bill at June 23, 2005 05:46 PM | TrackBack (0)

Comments

Wouldn't re-enforcing the Alien and Sedition acts make it gutsier to criticise the government?

Yes, but the Constitution is about defending freedom, not making civil disobedience riskier.

Posted by: Andrew C. Quinn [TypeKey Profile Page] at June 23, 2005 06:42 PM

Well, I'm not advocating it, I'm pointing out that it's counterintuitive.

Posted by: Bill from INDC [TypeKey Profile Page] at June 23, 2005 06:59 PM

It used to be that an area selected for redevelopment had to be declared "blighted" in order for this kind of thing to occur. That made sense -- the subordination of private property rights seemed reasonable if it was necessary to clear out a slum in order to make room for urban redevelopment. As a practical matter, you have to deal with the problem of the holdouts who want an exorbitant price because they can hold a major project hostage with their tarpaper shack. But now, there are apparently no restraints on the power of eminent domain. I'm getting a severe case of the willies.

Posted by: MichaelM [TypeKey Profile Page] at June 23, 2005 07:28 PM

Somehow I doubt that most people will risk a prison sentence and fine (say a year and 20,000) to burn a flag. If people are protesting Bush's policies why is it that they burn the American flag rather than a photo of Bush?

Just as society prohibits cross burning what argument can be made for flag burning? We are neither more tolerant nor a better society for allowing disrepect for the ideals of the nation. Such disrespect ultimately filters into society at large. Perhaps this is why our society is so much less civil than in the 50s.

Posted by: ThomasJackson [TypeKey Profile Page] at June 23, 2005 07:59 PM

Right. So go ahead and ban all speech that shows "disrespect for the ideals of the nation."

Fantastic idea.

And btw, there is nothing stopping them from burning a pic of Bush either. Nor should there be.

Posted by: Bill from INDC [TypeKey Profile Page] at June 23, 2005 08:29 PM

Posted by: ashish [TypeKey Profile Page] at June 23, 2005 09:00 PM

I think ThomasJackson was being sarcasting about the '50s being more civil. I hope.

Posted by: dorkafork [TypeKey Profile Page] at June 23, 2005 11:19 PM

Nope.

Posted by: Bill from INDC [TypeKey Profile Page] at June 23, 2005 11:33 PM

All I know is, the day they pass that flag-burning amendment, is the day that flag deserves a burning.
And I will yank the flag off the front of my house and torch it but good.


Posted by: SarahW [TypeKey Profile Page] at June 24, 2005 11:12 AM

Bill:
Too bad you consider such an amendment to be so, hateful. Prior to 1989 when the Supreme Court casually ruled all flag protection laws illegal 48 states had such laws. So I guess this bad idea wasn't supported by most of the citizens or legal experts and of course resulted in the banning of all dissent prior to 1989.

People who could burn Bush's photo but substitute the American flag do so for a reason. I find it ridiculous anyone could make such an observation unless one disregards history and is selective in one's concerns.

Posted by: ThomasJackson [TypeKey Profile Page] at June 25, 2005 02:40 AM

Just to clarify the comment above from Stones Cry Out, Pfizer was not a party to either the use of eminent domain nor the lawsuit. It purchased the land for its facility. The development plan was the creation of the city of New London and its private Development Corporation, for land near the Pfizer facility.

Although Pfizer supported the plan as a complement to its facility, it took no formal position on the city's use of eminent domain and if the development proceeds, will not be a participant in it.

Posted by: linsee [TypeKey Profile Page] at June 25, 2005 09:17 AM

ThomasJackson-

Who said anything about "hateful?"

It's not hateful - it's "un-American."

Posted by: Bill from INDC [TypeKey Profile Page] at June 25, 2005 01:26 PM

Bill:
Since 48 states passed such laws exactly where would it be considered un-American? Massachusetts or the people's republic of Berekley?

Posted by: ThomasJackson [TypeKey Profile Page] at June 26, 2005 09:54 PM

Nope. The US. By your logic, any law passed by a large number of states would be a-ok. Given our history, obviously there would be exceptions.

I'm not insecure enough about the American flag that I need to criminalize its desecration.

What else should be criminalized? How about American flag print napkins? Oohh, what about dirty TV?!

Posted by: Bill from INDC [TypeKey Profile Page] at June 26, 2005 09:59 PM