After Ventura County, California, air pollution officials received a complaint about smoke rising from the local American Legion meeting hall, they informed Legionnaires that their burning of American flags violated state environmental law. No, the Legionnaires were not protesting anything. Following protocol, they were ceremonially cremating flags that had been worn beyond usefulness and had ended their service.

Irritated Legionnaires discovered a loophole for ceremonial flag-burning under an exemption for "recreational activity," but, unsatisfied with that rather fickle category, sought an exemption specifically for proper flag disposal. Legislation proposed in the state assembly was defeated in committee due to concerns that the exemption ran afoul of the Constitution by endorsing only "respectful and dignified" burning of the flag. As written, the legislation would still permit, if not encourage, environmental sanctions against those who burned the flag in protest.

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