The Flag Desecration Amendment is coming to the Senate floor today, and an alliance of triumphant Republicans and scared Democrats are this close to making it pass.
"We are right on the precipice," said Daniel S. Wheeler, president of the Citizens Flag Alliance, the group leading the push for the amendment.
Mr. Wheeler acknowledged that the organization still needed at least one more vote to guarantee victory. And with most lawmakers already declared one way or another, that vote might be difficult to find.
"When we are sitting there with 66 votes, anything can happen," said Mr. Wheeler, who is also the executive director of the American Legion. "We are hoping for a last-minute conversion."
Reason has long taken the lonely pro-free speech position on this issue; Jacob Sullum tackled it in 1999. Earlier this month I attacked this and the gay marriage amendment as transparent efforts to mollify the GOP base. But this, unlike the "queers go home!" amendment, has a real chance of passing.