Cross-burning bill in danger

Flag burning amendment may kill bill

BARRY COHEN
Editor

An effort to criminalize cross burning in Arizona is in danger of failing because of a state senator's effort to amend the measure to make flag burning illegal as well.

Sen. Jack Harper (R- Glendale) said he attached the amendment to the cross burning legislation, co-sponsored by Rep. Leah Landrum Taylor (D-Phoenix) and Rep. Wally Straughn (D- Phoenix), to protect U.S. troops returning from Iraq and Afghanistan.

"I wanted to protect our soldiers from intimidation by those people (who burn American flags in protest)," said Harper. "Our soldiers are coming back this year," and it is too late to introduce separate legislation, he added.

Rep. Landrum Taylor said she does not understand why Harper would want to amend the original bill.

"Frankly, the (U.S.) Supreme Court has already dealt with the issue of flag burning," and has concluded that it is a protected form of free speech, she said.

"I can only conclude he is trying to kill the bill," she noted.

Landrum Taylor made a distinction between cross burning and flag burning.

Burning the flag is a form of protest, "but cross burning is a form of intimidation and threat" that is often followed by violence, she explained.

She said when U.S. troops return home, she does not anticipate anyone burning a flag in order to intimidate them.

"Overall, the American public values our troops," she said.

Cross burning, however, is still going on in Arizona, she noted. The latest reported instance happened in Prescott in 2001.

There was no legislation in place to protect the family on whose lawn the cross was burned, said Landrum Taylor. Prosecutors could only use vandalism laws to file charges, she added.

Bill Straus, regional director of the Anti-Defamation League, agreed that there is a need to pass specific legislation to make cross burning illegal.

"Cross burning does not affect just the family that sees it on their front lawn, but every member of the same community," he said. Blacks, Jews and Hispanics "all feel equally targeted and wounded," he noted.

There is no symbol "more charged with threat and hate" than a burning cross, not even a swastika, said Straus. "A cross burning is an American form of intimidation."

Flag burning and cross burning are not comparable, said Straus.

Harper "is trying to put flag burning in the same league of threat and intimidation (as cross burning)," said Straus.

In Arizona, when has flag burning been threatening or intimidating? he asked. And against whom?

In contrast, there have been 13 cross burnings in Arizona since 1990, he noted, and there has been no legislation in place to make it illegal.

Straus criticized Harper's efforts to mix burning a flag and burning a cross.

"He should not try to outlaw political expression with an amendment (in a bill attempting) to outlaw criminal activity," said Straus.

Even if the bill passes, Eleanor Eisenberg, executive director of the Arizona Civil Liberties Union, doubts it will pass constitutional muster.

She cited two ways to challenge it.

"We can claim it is unconstitutional on its face," she said, or wait until someone burns a flag in protest and is arrested under the legislation and then seek for the court to strike it down, said Eisenberg.

"I guarantee we will challenge this if it passes," she noted.

The House passed the bill on March 16. The Senate approved Harper's amendment on May 3 and passed the revised bill on May 11. It will now return to a joint House-Senate committee, where Landrum Taylor will have the option to accept or reject the amendment.

She said she will try to strip away the amendment, but predicted her efforts will fail and that the bill will probably die in committee.

"We will attempt to block efforts to remove the amendment," said Harper.

Contact the writer at barry_cohen@jewishaz.com.

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