We have an even bigger problem than that. We have liberal, activist judges legislating from the bench. If the majority of people believe that flag desecration laws abridge free speech, then they should seek redress through their legislators. SCOTUS should never have been involved in this issue.
A flag can be a piece of cloth, paper or plastic. It can be on a postage stamp, a T-Shirt, a mail box or even on a car in a used car lot. Am I going to be arrested when I use a worn out flag T-Shirt to wipe an oil dip stick in my car? Just as it is impossible to get inside the head of a person charged in a hate crime, it is impossible to determine the state of mind of a person who destroys a flag.