Whatever: Cracking the Flag-Burning Amendment: "And of course, that's the point: by not burning the Flag of the United States but rather something excruciatingly close to it, you're not violating a Constitutional Amendment, but engaging in free speech, which is of course covered by the First Amendment. You're getting all the impact of burning the US flag, with none of the Constitutional risk (although you may still get your ass kicked by angry veterans). You've cracked the flag-burning Amendment.
Alternately, one could simply dispose of a worn and soiled American Flag in the acknowledged respectful and non-desecrating manner of burning it (see U.S. Flag Code, Section 8, subsection (k)), and, while respectfully burning that worn and soiled flag, in a public place, simultaneously and independently engage in political speech.
'Protecting' the flag with a Constitutional Amendment won't solve the not-at-all pressing problem of people burning flags for political protest. They'll still do it. They'll simply do it in ways that will now additionally mock the stupidity of those who love the symbol of American freedoms more than they love actual American freedoms. And no matter how expansively Congress defines 'the American Flag' there will always be something that is not the flag, but is close enough in its shape and structure to feel just like the flag. And there will be the people who will use that not-quite-flag-like object to protest.
And you know what? Good for them. They're being better Americans than those who would pass a flag-burning Amendment. Real Americans don't take away the freedoms of other Americans."