The Hamburg Sun

When the Supreme Court ruled in 1989 that first amendment protections include
the right to express oneself by burning or I destroying the U.S. flag, many Americans were not happy.
    The American Legion, from the onset has opposed the high court's ruling and has spearheaded a petition drive to add an amendment to the U.S. Constitution authorizing Congress and the states to enact legislation outlawing flag desecration.
    Recently, a majority of state legislatures have voiced their support, giving momentum to the effort.
    According to American Legion National Commander William Detweiler, 45 state
legislative bodies have approved resolutions calling on Congress to sponsor a flag protection amendment.
    These resolutions, although they have no legal standing, are intended to send a dear signal to Congress.
    "I happen to be a patriot," said Hamburg Assemblyman Francis J. Pordum, explaining why he took a leadership role on this issue, sponsoring a resolution passed last year in the Assembly.
    "The American flag is the symbol of the greatest country on earth. To allow it to be defamed is drastically wrong."
    The movement has experienced a recent surge of interest largely due to nationwide efforts by the American Legion with its millions of members who have, in conjunction with a coalition of other groups, formed the Citizens Flag Alliance garnering "grass roots" support.
    The national leadership claims the signatures of 2 million Americans in a petition drive. CFA hopes to have 20 million signatures by Flag Day. June 14. '.
    In Hamburg, like elsewhere, American Legion members are involved in their own
petition drive. Allan Kusmierz, commander of the Legion's Hamburg Post 527, is a
Vietnam veteran flies a flag outside his home "365 days a year." He once pro-
tested to local TV stations because they aired a commercial which showed a "dis-
count" product superimposed over an American flag. Subsequently, the commer-
cial was dropped.
    His view is represented by the majority of veterans who support this issue.
    "A lot of men shed a lot of blood for that flag to fly." Kusmierz said. "To veterans the flag symbolizes the supreme sacrifice that so many died for.'
    And things are looking up at the federal level for supporters of the flag movement.
    Rep. Bill Paxon, R-Amherst, last month co-sponsored resolution H.J. 79 which proposes a constitutional amendment authorizing Congress and the states to
enact legislation prohibiting "the physical desecration of the flag."
    Paxon's resolution is on its way to the House Judicial Committee. Once out of
committee, it can be voted on in the House.
    Not everyone, however, supports a flag-protection amendment. Jacob Lapp, a
68-year-old, Menonite farmer living in Cassadaga, has traveled and lectured ex-
tensively on constitutional issues. He opposes the idea.
    "A person by natural law should be free to express himself in any way as long as he doesn't hurt anybody," said Lapp. "Burning the flag might be insulting someone, but it's not hurting anyone."
    Lapp, however, does feel burning flags is inappropriate. "I can find plenty of better ways to express my desire for liberty," he said. "But do we want laws that protect everything that is appropriate? We want laws that protect our liberties."
    Other organizations to join the CFA movement include the Moose, Elks, Knights of Columbus, Fraternal Order of Police, Scottish Rite, the Polish American Congress, the Congrssional Medal of Honor Society, and the American Legion Auxiliary.
    Responding to frequently-heard criticism that the issue is irrelevant and doesn't justify tampering with the Constitution, since no one is burning flags, CFA President DanielS. Wheeler has charged that it does occur, but that, "the media often overlooks it."
    Flag burnings were reported during and after Desert Storm. Befor
last November's election, a flag burning occurred in San Diego, by
protesters opposed to California's Proposition 187.
    A diversity of opinions can be found on the embolism of the flag.
    To Lapp, whose family members are American farmers who have
worked the land for nine generations, he is clear on his perspective.
    "I understand, in early America, people didn't worship the flag so
much. Worshipping of the flag is relatively recent," Lapp said. "If
only people today would regard more highly the freedoms and tra-
ditional values that early Bill of Rights."'
    Joseph Forti, commander of Hamburg's VFW Post 1419, fought
with Pattons' third army, in the 90th infantry division, receiving
battle stars for the African-European and Rhine River Campaign(s).
He strongly disagrees.
    "If men hadn't fought and died for the cause of liberty, we wouldn't
even have free speech to debate this issue, "Forti said.
    Anthony Miranda, a well-known, Evans attorney with a strong back-
ground in constitutional law, has another view.
    "I would be personally offended if someone burned a flag, but, from
the viewpoint of constitutionally protected free speech, it seems a
little incongruous to place the flag above the very rights, being free-
dom of speech, that it symbolizes.
You put the symbol above the right it symbolizes? But what's more
important, the symbol or the right?"
    Pordum feels, conversely, that there is something more than indi-
vidual self-expression in the act of flag desecration. "Why, people gave
up their lives to see that the flag didn't hit the ground in battle," he
said.
    Assemblyman Robin Schimminger, D-Kenmore, who supported Pordum's flag resolution, said flag burners are "burning something more than the cloth it-
self, something that belongs not just to them but to all of us ... it's
shared ownership."
    Miranda, however, points out that the founders of the constitution
could have easily included a flag protection exemption to the first
amendment guarantee of free speech.
    "The early founders wrote the Bill of Rights with the very idea that
people might be critical of their government and should not be lim
in the peacefull means of expressing it.
    "After all the founders probably wouldn't have hesitated to burn a
British flag or at least not show it due respect."
    And not all  veterans support a flag-protection amendment.
    Robert Dwayne, of Hamburg, was a Vietnam veteran. "My loyalty to
America is not wrapped up in a symbol, especially not when it
comes to making a change in something as important as the
constitution," Dwayne said.
"What's the difference if you burn a flag or go around saying 'America
sucks.' You're entitled to express your own opinion.  I may disagree
strongly, but that's the First Amendment."
    But to most veterans it's an emotional issue, the flag is the bedrock
of their patriotism. Hence the overwhelming majority of them desire
to amend a constitution that seemingly offers no protection to its flag.
Kusmeirz was a 19-year-old machine-gunner in the rice paddies of
the Mekong Delta. Today, in his 40s, soft-spoken and articulate,
    Kusmierz says he "absolutely, whole-heartedly" believes in the
words of President Woodrow Wilson who said, "The flag which we
honor and under which we serve, is the emblem of our unity. our power,
our thoughts, and purpose as a nation."
    And, along with other veterans in his post, he wears a T-shirt with
the flag on it bearing the slogan,  "Try burning this one!"
    "We're trying our hardest to get as many signatures as possible.
People have been signing it right along.  But it takes a tremendous
amount of effort," Kusmierz said.