You'd think knowledge of the First Amendment would be some sort of qualification criteria people would want to meet before becoming lawmakers.

But judging by a recent vote in the U.S. Senate, not too many of our elected officials understand that free speech exists not to protect popular opinion but to protect the unpopular ones.

A majority of this nation's senators voted on Tuesday to constitutionally ban the act of flag burning as a means of political protest. Fortunately, they missed the two-thirds majority needed by one vote.

This issue seems a simple one on the surface. After all, how many people really want to spend their days burning American flags? Not too many.

But that's not the point.

Pennsylvania Sen. Arlen Specter supported the ban claiming that flag burning is "spiteful or vengeful" as opposed to persuasive expression.

Since when does speech need to be persuasive in order for it to be constitutionally protected?

Speech can evoke all kinds of emotions. Our right to free speech is only limited when it incites action, usually of the violent kind.

This national obsession with banning the right to burn the flag -- which conveniently comes up around election time, by the way -- is nothing more than a rallying cry to the Republicans' conservative base. Isn't it time that the American people see through this?

Passion and respect for the flag is not a reason to face the consequences of restricting free speech in this country.

Besides the fact that flag burning is protected expression, there are practical issues as well that would make a ban on such expression completely unrealistic.

Burning the flag is not the only thing one can do to "disrespect" the symbol of America. Proper flag etiquette say the Stars and Stripes should not be worn, should not touch the ground and should not be printed on anything that will be thrown away.

The same etiquette rules say the proper disposal method of a retired flag is by burning.

Cliché as it may be, there are far more important things going on in this nation and in the world that Congress should be addressing.

Instead, they choose to waste their time debating an issue that should be a no-brainer for any educated American.

If a ban on flag burning ever makes its way into the Constitution, the nation's greatest document would become the nation's greatest hypocrite.