Monday, Nov. 13, 1989

American Notes PROTESTS

Until last month, when Congress restored its cachet by making it a criminal offense, flag burning had virtually gone out of style as a means of radical protest. Now desecrating the Stars and Stripes has become a bit of a fad. Last week four demonstrators staged a torching on the steps of the U.S. Capitol. Among the participants: Gregory Lee Johnson, whose conviction for setting fire to a flag at the 1984 Republican Convention led to a Supreme Court ruling upholding the constitutionality of the practice. Said Johnson: "We're back."

The burning was designed to produce a quick challenge to the Flag Protection Act of 1989, passed by Congress last month amid an orgy of jingoistic rhetoric. If the Supreme Court strikes down the law on constitutional grounds, as seems likely, Congress might be stampeded into approving an anti-flag burning amendment urged by President Bush. It might be wiser to turn down the heat.