Desecration of the American flag by burning is a particularly provocative insult: in a country that prides itself on freedom of speech, flag-burning is meant to test that freedom to its limits. There is currently nothing in the Constitution's definition of freedom of expression that expressly declares flag-burning illegal.

But many consider this a clear distortion of what the founding fathers fought for in the first place. So how should patriotic Americans react to an act that is intended to provoke some sort of reaction? Should an amendment be added to the constitution forbidding desecration of our national symbol? Or should they turn the other cheek, since such an amendment be a gratuitous desecration of the constitution itself?

At the 1984 Republican National Convention in Dallas, protestor Gregory Lee Johnson burned an American flag in front of Dallas City Hall. Johnson was charged and convicted with desecration of a venerated object. The Texas Court of Criminal Appeals overturned the conviction in 1988 and the Supreme Court took up the issue the following year. In Texas v. Johnson, the Supreme Court upheld the decision that burning the flag was a form of free speech.

In 1990, Congress passed the "Flag Protection Act" which imposed a federal ban on flag desecration. Senators opposing bans on flag-burning included Vietnam Veteran Bob Kerry, whose record as a war hero has brought other Democrats around. This Act was later struck down by the Supreme Court in U.S. v. Eichman. Congress has made four attempts since 1995 to circumvent the Supreme Court's rulings by trying to enact a constitutional amendment banning desecration of the flag. None have passed.

But although the constitutional amendment has not passed, the debate rages on the campaign trail. In Connecticut on June 14, Waterbury mayor Philip Giordano used to the flag-burning issue to launch his opening broadside against Democratic Senator Joesph Lieberman.

Lieberman has voted consistently against the flag-burning amendment, claiming that flag desecration is protected under the First Amendment. Giordano, who is mounting the most serious challenge to Lieberman in years, has claimed that by supporting the amendment, he will "zealously pursue protection of the flag." And while that may not be the determining issue, Giordano feels that it articulates the difference between his own patriotism and Lieberman's.

On One Hand...

Bans on flag-burning are clear violations of the free exercise of speech, a fundamental right in our democracy. Using the Constitution to promote patriotic sentiments would be a cynical abuse of legislative power.

Those who support amending the Constitution to protect flags would establish a dangerous precedent that would erode our liberties. They are merely trying to score political points by appearing as the standard bearers of patriotism. Those who burn the flag are merely trying to provoke a reaction. Allowing them to proceed with this particularly abhorrent protest would prove that despite all they say, the U.S. is a country which honors freedom to speak.

On the Other Hand...

The flag deserves special legal protection because it is the ultimate symbol of our history and heritage. The U.S. flag is an important symbol of democracy. Allowing Americans to burn it insults the millions of citizens who have fought and died to protect our way of life. Using flag-burning as protest is not a legitimate form of expression because it doesn't invite any sort of debate.

• Some standards of flag etiquette: The flag should not be dipped to any person or thing. It should never be used for any advertising purpose. It should never be used as drapery. It should not be used as part of a costume. No part of it should touch the ground or any other object when it is being lowered. It should be folded neatly and ceremoniously.

• The proposed Constitutional amendment would protect the flag under an exclusive federal trademark, making it available for use only under a government license.

• The House of Representatives has passed the amendment three times since 1995. The last time the Senate considered the legislation was in 1995.

• The Senate is expected to vote on the latest version of the flag protection amendment during the current session of Congress.

• In 1988 Gregory Lee Johnson was given a one-year sentence and ordered to pay a $2,000 fine for burning the flag in Dallas. He was protesting Reagan administration policies.

• Title 36 of the U.S. Code states, "When it (the flag) is in such condition that it is no longer a fitting emblem for display, the flag should be destroyed in a dignified way, preferably by burning."

• In some of the most widespread flag-burning in American history, Confederate sympathizers burned the American flag in protest at rallies across the South in 1861.

American Legion; U.S. Constitution, U.S. House of Representatives, U.S. Supreme Court