An attempt in the US Senate to change the constitution to let congress ban flag burning was defeated by one vote last night.
The 66-34 vote fell just short of the two-thirds needed to pass a constitutional amendment and send it on to the states for ratification. The House of Representatives approved the amendment last year.
The Senate this month rejected a constitutional ban on same-sex marriage, another vote that Democrats characterized as an attempt to rally conservative voters in an election year.
"This is more than a case of misplaced priorities, it is playing politics with our most fundamental freedoms," said Massachusetts Democratic Sen. Edward Kennedy.
Supporters, including all but three Republicans, said they were motivated not by politics but by a need to overturn a 1989 Supreme Court ruling that struck down flag-protection laws in 48 states and the District of Columbia.
"Is this the most important thing the Senate could be doing at this time? I can tell you: You're darned right it is," said Utah Republican Sen. Orrin Hatch, the measure's sponsor.
Tuesday's vote marks the third time the flag-desecration amendment has failed in the Senate. The House has passed it in each session since 1994.
There have been four instances of flag burning or vandalism this year and 13 instances in 2005, according to the Citizens Flag Alliance, an association of veterans' groups that supported the amendment. Many of those responsible for such incidents have been charged with arson or other crimes, according to media reports complied by the group.
The amendment would not have banned flag desecration outright. Instead, it would have given Congress the power to protect the flag in a manner it saw fit.