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(Jim wrote the following in response to an inquiry from the American Legion.)

I'm a law professor who believes that casual amendment of the Constitution is a grave mistake. I'm also the son and grandson of army generals, and a member of the AL, VFW, DAV, VVA, MOPH and USARA. I left Princeton University in 1968, enlisted, completed Airborne and Ranger training and volunteered for infantry combat in Vietnam where I was a recon platoon sergeant. That gives my base credentials and some context for my following remarks in support of the proposed flag protection amendment.

I was driving when I first learned from a radio news broadcast of the Supreme Courts decision permitting flag desecration as an exercise of constitutionally protected freedom of speech. I pulled to the side of the road overcome by emotion. I could not drive safely. In three decades of driving, nothing like this had ever happened to me before. I sat on the side of the road flooded with memories and thoughts. I was certain of only one thing: No one better try burning the flag in my presence. If they had a right to burn it, I had a right to stop them. And I would.

But I calmed down over the next few months and gradually accepted that I did not have the “right” to stop a flag burner. This is a country ruled by law as interpreted by the Supreme Court, not law as interpreted by Jim Marshall. In this great democracy, my recourse, our recourse, was to effectively overrule the Supreme Courts decision by pursuing a Constitutional amendment.

I believe the proposed amendment concerning flag protection is properly and narrowly targeted to accomplish a specific purpose. If enacted, it would not impose a significant limitation upon an individuals freedom to engage in political speech, protest and communication. The amendment is fitting tribute to those who served our country in our armed services and particularly to those who paid the ultimate price to raise a flag on a battlefield or keep it flying. There were too many, and one is too many to forget.

As a law professor, I must accept the argument that I, my father, my grandfather, other relatives and friends, many of whom were wounded, some of whom died, did not fight for a piece of cloth, but rather for what it symbolizes. But while we fought for the principals symbolized by our flag, our memories and emotions are inextricably intertwined with the cloth itself.

No great violence is done to our constitutional system by an amendment designed to respect those memories and emotions. In fact, I believe that respecting those memories and emotions nourishes a vital and waning spirit in this country, the spirit of individual sacrifice in combat for the good of the nation.

Freedom truly is not free. Our countrys great freedoms were won and are enjoyed today because of priceless sacrifices by countless, often nameless, sometimes unknown heroes. Amending the constitution to prohibit flag desecration is but a small price to pay if it strengthens our Republic and helps insure its future.