Isn't it true that our founding fathers decided that even a majority of the people should not be allowed to censor anyone's speech or thought just because they don't like what is being said?
If you are going to evoke the thoughts of our founders, let's take a close look at the First Amendment. There is no mention of flag-burning in there. There is no mention of freedom of expression. It specifically says that freedom of speech and freedom of press are protected. If they had conceived of an "expression" angle, they would not have had to mention the spoken word and the written word. On the other hand, we acknowledge that there is legitimate need to protect various types of expression, up to a point. And we think flag desecration reaches that point. It does not place a burden on free speech to outlaw the physical desecration of the flag. We are not talking about some new experiment here. For 100 years, flag desecration was illegal and no one felt that their freedoms were in jeopardy. No lawyers decried such laws. The media did not predict the end of freedom. And they didn't because the laws merely reflected the norms and standards of our society as determined by those who are the governed. This amendment does nothing more than return to that standard.