Flag desecration is an inarticulate, headline-seeking means of demonstration that does not rise to a protected form of expression. Legitimate acts of political protest ought not to be stifled, and critical debate about the role and policies of the federal government ought to be encouraged. Any restriction ought to be a narrow exception carved out for the flag, based upon its unique symbolic value. Societal norms now govern several exceptions to the First Amendment, including obscenity, incitement and libel. These exceptions have been developed and defined by legislation as well as case law.
Most statutory laws require interpretation.
These requirements have not caused the Constitution or the American system of civil justice to lose its effectiveness or broad support from the American public and will not be a barrier to proper implementation of a flag-protection amendment. In other words, public support for the First Amendment is likely to remain commensurate with the level of dignified content in the actions of those who invoke its protection. I believe that, in a democracy, freedom of speech must be 'robust and wide- open'. It depends most of all on conditions of culture. First, it depends on the willingness and capacity of people to express themselves energetically and effectively in public.