[Congressional Record Volume 141, Number 2 (Thursday, January 5, 1995)]
[Extensions of Remarks]
[Pages E53-E54]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                            PROTECT THE FLAG

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                           HON. BILL EMERSON

                              of missouri

                    in the house of representatives

                        Thursday, January 5, 1995
  Mr. EMERSON. Mr. Speaker, today, I am introducing a constitutional 
amendment to prohibit desecration of the U.S. flag. Many will no doubt 
recall the furor when the Supreme Court in 1989 overturned the Texas 
conviction of Gregory Johnson and declared the Texas flag-burning 
statute unconstitutional. The Congress responded weakly, declining to 
pass a constitutional amendment and opting instead for a new Federal 
statute which prohibited desecration of the American flag. To no one's 
surprise, this statute was also declared unconstitutional by the U.S. 
Supreme Court. As a result, burning and trampling upon our Nation's 
most revered symbol is now constitutionally protected conduct.
  The Court based its decision on first amendment freedom of 
expression. I believe strongly in the first amendment and in its 
protections, but there are recognized exceptions to the first 
amendment. Not every act of expressive conduct is protected. Libel and 
slander, obscenity, copyright and trademark laws, classified 
information, and perjury are but a few acts of expression which fall 
beyond the first amendment. So, too, should flag-burning fall beyond 
the first amendment. To paraphrase Chief Justice Rehnquist, flag 
burning is a grunt which is designed not so much to communicate but to 
antagonize.
  Throughout history, the U.S. flag has been revered as the embodiment 
of the liberty and freedom which have become the hallmark of our 
Nation. This casual treatment of our Nation's most revered symbol is an 
affront not only to the flag, but to the ideals which stand behind it. 
It is an affront to the people who have served our great country in all 
capacities, but especially to those who have fought and died for 
America.
  Flagrant and public abuse of the flag should not be considered as 
symbolic speech under the first amendment, and such abuse should not be 
tolerated. I hope that the mere fact that 
[[Page E54]] 5\1/2\ years have passed since the Johnson decision will 
not lessen enthusiasm for protecting Old Glory. I strongly urge my 
colleagues to join me in passing a constitutional amendment which would 
give the States and the Federal Government the authority to prohibit 
desecration of the American flag.


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