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Date: Thu, 15 Dec 2005 18:14:54 -0500 (EST)
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Subject: Star-Spangled Pandering

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/14/AR2005121401887.html
Washington Post
December 15, 2005

Star-Spangled Pandering

By Richard Cohen

Last month Justice Antonin Scalia was politely quizzed
by Norman Pearlstine, the outgoing Time Inc. editor in
chief. The event, held in Time Warner's New York
headquarters, was supposedly off the record, but so
much of it has already been reported that it will not
hurt to add Scalia's views on flag burning. He
explained why it was constitutionally protected speech.
It's a pity Hillary Clinton was not there to hear him.

The argument that this famously conservative member of
the Supreme Court advanced -- actually, reiterated --
was that while he may or may not approve of flag
burning, it was clear to him that it was a form of
speech, a way of making a political statement, and that
the First Amendment protected it. I could not agree
more.

Clinton, apparently, could not agree less. Along with
Sen. Robert Bennett, a Utah Republican, she has
introduced a bill that would make flag burning illegal.
It is probably important to note that this is not a
proposed constitutional amendment, and it is written in
a cutesy way that does not explicitly outlaw all flag
burnings -- just those intended to "intimidate any
person or group of persons." That's a distinction
without a difference to your average police officer.
Not many cops belong to the ACLU.

The ubiquitous Larry Sabato, the University of Virginia
quotemeister -- need a quote/do not tarry/call U-Va.
and ask for Larry -- opines that Clinton is readying
herself for a presidential run by adjusting her tint,
toning down the blue and heightening the red. He
fancies that Virginia Gov. Mark Warner's incipient
presidential campaign is already pushing Clinton to the
center. A New York Times editorial reached a similar
conclusion. It suggested that she was "pandering" to
the 70 percent of Americans who think outlawing flag
burning is a dandy idea.

Well, maybe so and maybe not. It's clear that Clinton
is going to have to modify her image if she's really
serious about running for president. (She is, by the
way.) At the moment, key interest groups rate her
pretty much as they do the Senate's most recognizable
liberal, Ted Kennedy. What's more, she is the semi-
official banshee of right-wing fantasies, the insidious
wife of the sumptuously immoral Bill Clinton and the
pillow-talkie architect of that Bolshie health care
plan of some years back. Already, at least nine
venomous books have been done on her. I would not be
surprised if even now someone at Fox News is working on
a book about "How Hillary Stole Christmas."

But the real Hillary Clinton may be someone unmentioned
in those books. "She is one of the most conservative
friends I have," one of her pals told me. Bear in mind
I was talking to a Democrat, so we are not talking
Phyllis Schlafly here, but still, Hillary Clinton is
hardly anyone's stereotype of a liberal. For one thing,
she is religious and not merely in a church-on-Sunday
sort of way. She relied on her faith in the darkest
days of her husband's impeachment and the revelations
of his sexual shenanigans. This is a lady who prays.

She has also articulated a moderate, somewhat
ruminative position on abortion. It is rueful,
insistent on "choice" but regretful about abortion in
general. The same holds for the war in Iraq. Clinton
voted to authorize it, and she has yet to call for a
pullout of U.S. troops. If she is uncertain, hesitant
-- not sure if a withdrawal would do a lot more harm
than good -- then I welcome her to the club of Iraq
agnostics.

In this and other examples, political observers discern
political posturing. Maybe they are right. Whatever the
case, though, the flag bill along with other examples
of Clinton's willingness to court political
reactionaries raises disturbing questions about who,
exactly, she is. Consistency is not always to be
admired in a politician, but when a supposed liberal is
one of only two senators to sponsor a bill to restrict
freedom of speech, then we are talking about something
basic. If this is a pander, it is in the worst possible
taste.

The First Amendment is where you simply do not go. It
is sacred. It protects our most cherished rights --
religion, speech, press and assembly -- and while I
sometimes turn viscerally angry when I see the flag
despoiled, my emotions are akin to what I feel when
neo-Nazis march. Repugnant or not, popular or not, it
is all political speech. Her sponsorship of the flag
measure calls for reconsideration all around -- either
by Hillary Clinton and her support of the flag bill or
by liberals and their support of her.

[EMAIL PROTECTED] (c) 2005 The Washington Post

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