Burning issue: Bill would ban state financial assistance for anyone who desecrates a flag
A bill introduced in the New Hampshire House would prohibit anyone who desecrates an American flag or state flag from receiving state funds “including, but not limited to, financial assistance to needy families, food stamps, and tuition assistance.”
If the legislation is enacted, the state would be punishing residents for exercising a constitutionally protected right. The Supreme Court has twice ruled that burning a flag is a type of political expression protected by the First Amendment. “It is poignant but fundamental that the flag protects those who hold it in contempt,” wrote Associate Justice Anthony Kennedy.
“If I were king, I would not allow people to go around burning the American flag. However, we have a First Amendment, which says that the right of free speech shall not be abridged – and it is addressed in particular to speech critical of the government,” the late Associate Justice Antonin Scalia explained in a 2012 interview. “That was the main kind of speech that tyrants would seek to suppress.”
Co-sponsor Rep. Sean Morrison acknowledges flag burning is protected speech, but offers this tortured rationale for the legislation: “Should not we who pay for other people’s welfare not have protection regarding our freedom of speech and expression by not having to pay for people protesting the very government which provides them our money?”
The Epping Republican adds, “I don’t believe that people are entitled to other people’s money to be used for this purpose,and I believe that people who may respect their flag should also have a right not to pay for the lighter that will burn it, maybe even fought for. It’s not a ‘right’ to use other people’s money to desecrate what others may hold dear.”
(In regards to spending other people’s money, the Department of Health and Human Services says they are not aware of any previous acts that would have made recipients ineligible for financial assistance under the proposed legislation, but they do estimate there will be a cost of $360,000 for software upgrades and staffing to automate this type of ineligibility if the legislation is enacted.)
Morrison’s contempt for flag burning is shared by Pres. Donald Trump, who has seemed to suggest he is in favor of a constitutional amendment to ban the act. In late November, he tweeted, “Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!”
At a rally in December, The Hill reported Trump followed that up by telling the audience, “We love our flag, and we don’t like it when we see people ripping up our flag and burning our flag. We don’t like it. And we’ll see what we’re gonna do about that, OK? We’re gonna see,” he said.
It’s worth noting that the flag desecration ban is not the only punitive action Morrison would take against those receiving public assistance. He also favors mandatory drug testing for aid recipients, a policy that has proven to be costly and ineffective in states that have adopted it.
While defending his support for the flag desecration legislation, Morrison posted an image of a fake tweet attributed to Trump, in which the president supposedly declared drug testing will be mandatory for those receiving public assistance. “I’m of this mindset as well,” wrote Morrison.
