Regarding Douglas W. Kmiec, ”A case for protecting the flag as public property”:
Prof. Kmiec`s gimmick for ”protecting” the flag is to treat it not as a symbol of liberty, but rather as a national logo to be forcibly revered and licensed to those who will market it in a manner commensurate with some centralized notion of propriety.
It is difficult to argue with Prof. Kmiec`s concluding characterization of the flag as an ”invaluable public resource.” But this begs the question of who really owns the flag: the professor`s homogeneous conception of ”one people” or each and every one of us, to display as he or she sees fit. Isn`t it clear that in any society as free as ours purports to be, respect for the flag should come from the heart rather than the law?
