The Law On The Flag
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. Where any person — (a) mutilates, discount cialis seek cuts, viagra canada tears, burns or in any way defaces whether by writing, printing or stamping thereon or otherwise; or (b) by any spoken words insults or brings into contempt or ridicule, the National Flag, the Governor-General’s Flag, the Prime Minister’s Flag or the Coat of Arms, or any representations thereof, such person, unless he can prove that the act was done with lawful justification or excuse or the words were spoken without intent to insult or bring into contempt or ridicule the said Flags or the Coat of Arms, or any representations thereof, shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.”
1 Comment
In the Bahamas we have no business arresting people for desecration of national symbols, and the pleading of no law can justify such a practice.
Here is why:
The Constitution is the highest law of the land, and to the extent that any law is inconsistent with it, that law is null, void and of no effect. The Constitution protects the action of desecration. Its very existence implies such a freedom.
Freedom in the Bahamas was begun by “desecration” of symbols. In protest literature, the world desecration is not even used. Instead ‘appropriation’ of symbols is employed, removing the implication of wrong.
Fundamentally, the flag of the Bahamas stands for freedom and that freedom includes the freedom to desecrate the same. The Constitution stands for freedom and that freedom includes the freedom to burn it; as some – now Ministers of Government – did, routinely, when protesting the extra-constitutional behaviours of government.
I have made these points in some or other degree with responses coming fast and furious. Let’s answer a few:
a. There is the response that freedom is not absolute and has limitations. Yes. There are not merely limitations, they are capable of precise expression divorced from sophomoric vitriol: One enjoys freedom of action and expression in a democracy to the extent that it posits no interference or limitation upon the freedoms of others, injures others or prevents their quiet enjoyment of their freedoms.
I do not like the desecration of national symbols. But my feelings are meaningless here and so is everyone else’s; especially those who fulminate in feckless evangelical nationalism.
b. There is a response which compares the limits of the freedom to desecrate with the limits of shouting “fire” in a crowded theatre. But you cannot read a law the way you read a Stop sign. See you this for edification: Shouting fire in a crowded theatre induces risks to others, limiting their freedom of association and quiet enjoyment. Tying a Bahamian flag around a goat, for instance, threatens no one’s freedom, save the goat’s.
c. There is a response which says that the persons who were arrested recently were Haitians. But this is galloping nonsense! First, we are all Haitians in one way or another. We survived from Haitian food for nearly 140 years upon which we grew fat and happy. Second, it matters not that they were Haitian. The Constitution protects whomever comes into the ambit or remains within the confines of our islands of eternal June.
d. There is a response which says the persons who were arrested were not protesting, they were simply using the flag in a manner unbecoming of a national symbol. This is the best argument of the lot. But it means that a mere instruction would have been appropriate; depending upon whether the law requires intention or strict liability. For those who say, the Haitian women were illegals…and so should have been deported. I say, we knew they were illegals BEFORE we saw their misuse of the flag and that we ‘waited’ to find some excuse – desecration of the flag – to deport these unhappy souls demonstrates a greater and more systemic disregard for law than they are accused of.
Last, I am resolved against the fake patriotism of so many of the noisiest attackers of the poor, destitute women, because I suspect, they used the flag, as a covering for their home, as a sort of pride for being in the Bahamas. Second, with all the world leading crime and unmitigated slaughter on our streets, I hardly see that the police should have resources to make after misusers of the flag. If we had half the true patriotism implied by the loudest of us on this question, the Bahamas would be the most well-run, lowest crime, highest education society in the world, with Bahamians enjoying the very height of prosperity.
Patriotism has practical effects.
Professor Gilbert NMO Morris