Bill Bennett: “Yes, intent. And, once again, if you are dealing with the first amendment, the first amendment is very clear that…”

“Yes, intent. And, once again, if you are dealing with the first amendment, the first amendment is very clear that Congress shall make no law that impacts on intent; it only has to do with actual acts. If you speak against the Government, that is fine. If you enter into a conspiracy to actually overthrow the Government, it becomes an overt act, and the act is dealt with, but not your intention to demonstrate your disapproval. So I think the Senator from Kentucky raises a very significant point as to how pernicious this could be if it were part of the Constitution as opposed to a statute. It leads me to believe that the appropriate way to deal with someone who desecrates the flag might be a punch in the nose as opposed to evisceration of the first amendment to the U.S. Constitution, which we have not changed--and I think wisely--in the 200-year history of our country.”