Against the backdrop of the recent Congressional debate concerning the issue, the author of this paper argues that those who seek to protect the flag with legislation are well-meant but fail to see the ramifications of the their actions. The author argues that there has always been a fringe element of society which has sought to criticize the mainstream and an amendment protecting the flag would be impossible to implement since it’s difficult to define what a flag is. It would also legitimize the voices of the fringe, which is small in number and no real threat to the mainstream. The author concludes that violating the free speech of unpopular voices is not constitutional and that Americans should do whatever is necessary to ensure that all voices are heard.