It is the will of the American people that we have a right to protect our flag and this can only be accomplished by passing a Constitutional amendment.
It's not written in the Constitution or anything else.... Congress, just out of the clear blue sky, said the airwaves belong to the people, which means, in essence, that it belongs to Congress.
A corollary is that, when laws are out of touch with the people, those laws can and should be changed - from the most simple local regulations to the highest law of the land, our federal Constitution.