[Congressional Record Volume 141, Number 89 (Friday, May 26, 1995)]
[Senate]
[Pages S7632-S7633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                      DESECRATION OF THE U.S. FLAG

 Mr. HEFLIN. Mr. President, I am pleased to submit for the 
Record the memorializing resolutions from the States of Washington, 
Hawaii, and Oregon calling on the Congress to pass an amendment to the 
Constitution that protects the United States flag from desecration. I 
think these resolutions are a wonderful reminder that the movement and 
support for an amendment to protect the flag begin at the grassroots 
level. Up to this point, 49 States have passed memorializing 
resolutions in support of a flag protection amendment. I ask unanimous 
consent that the texts of these resolutions be printed in the Record.

            State of Washington: Senate Joint Memorial 8006

       Whereas, Although the right of free expression is part of 
     the foundation of the United States Constitution, very 
     carefully drawn [[Page S7633]] limits on expression in 
     specific instances have long been recognized as legitimate 
     means of maintaining public safety and decency, as well as 
     orderliness and productive value of public debate; and
       Whereas, Certain actions, although arguably related to one 
     person's free expression, nevertheless raise issues 
     concerning public decency, public peace, and the rights of 
     expression and sacred values of others; and
       Whereas, There are symbols of our national soul such as the 
     Washington Monument, the United States Capitol Building, and 
     memorials to our greatest leaders, which are the property of 
     every American and are therefore worthy of protection from 
     desecration and dishonor; and
       Whereas, The American Flag to this day is a most honorable 
     and worthy banner of a nation that is thankful for its 
     strengths and committed to curing its faults, and remains the 
     destination of millions of immigrants attracted by the 
     universal power of the American ideal; and
       Whereas, The law as interpreted by the United States 
     Supreme Court no longer accords to the Stars and Stripes that 
     reverence, respect, and dignity befitting the banner of that 
     most noble experiment of a nation-state; and
       Whereas, It is only fitting that people everywhere should 
     lend their voices to a forceful call for a restoration of the 
     Stars and Stripes to a proper station under law and decency;
       Now, therefore, Your Memorialists respectfully pray that 
     the Congress of the United States propose an amendment of the 
     United States Constitution, for ratification by the states, 
     specifying that Congress and the states shall have the power 
     to prohibit the physical desecration of the flag of the 
     United States; be it
       Resolved, That certified copies of this Memorial be 
     immediately transmitted by the secretary of state to the 
     president and the secretary of the United States Senate, to 
     the speaker and the clerk of the United States House of 
     Representatives, and to each member of this state's 
     delegation to the Congress.
                                                                    ____

            State of Hawaii, House Concurrent Resolution 142

       Whereas, the flag of the United States is the ultimate 
     symbol of our country and it is the unique fiber that holds 
     together a diverse and different people into a nation we call 
     America and the United States; and
       Whereas, as of May, 1994, forty-three states have memorials 
     to the United States Congress urging action to protect the 
     American flag from willful physical desecration and these 
     legislations represent nearly two hundred and twenty nine 
     million Americans, more than ninety percent of our country's 
     population; and
       Whereas, although the right of free expression is part of 
     the foundation of the United States Constitution, very 
     carefully drawn limits on expression in specific instances 
     have long been recognized as legitimate means of maintaining 
     public safety and decency, as well as orderliness and 
     productive value of public debate; and
       Whereas, certain actions, although arguably related to one 
     person's free expression, nevertheless raise issues 
     concerning public decency, public peace, and the rights of 
     other citizens; and
       Whereas, there are symbols of our national soul such as the 
     Washington Monument, the United States Capitol Building, and 
     memorials to our greatest leaders, which are the property of 
     every American and are therefore worthy of protection from 
     desecration and dishonor; and
       Whereas, the American Flag is a most honorable and worthy 
     banner of a nation which is thankful for its strengths and 
     committed to curing its faults and remains the destination of 
     millions of immigrants attracted by the universal power of 
     the American ideal; and
       Whereas, the law as interpreted by the United States 
     Supreme Court no longer accords to the Stars and Stripes the 
     reverence, respect, and dignity befitting the banner of that 
     most noble experiment of a nation-state; and
       Whereas, it is only fitting that people everywhere should 
     lend their voices to a forceful call for restoration to the 
     Stars and Stripes of a proper station under law and decency; 
     and
       Whereas, as increasing number of citizens, individuality 
     and collectively, in Hawaii and throughout the nation, have 
     called for action to ban the willful desecration of the 
     American flag; and to ignore the effect of this decision 
     would be an affront to everyone who has been committed to the 
     ideals of our nation in times of war and in times of peace; 
     now, therefore, be it
       Resolved by the House of Representatives of the Eighteenth 
     Legislature of the State of Hawaii, Regular Session of 1995, 
     the Senate concurring, That this body respectfully requests 
     each member of Hawaii's congressional delegation, with the 
     specific purpose of urging the Congress of the United States 
     to propose an amendment to the United States Constitution, 
     for ratification by the states, providing that Congress and 
     the states shall have the power to prohibit the willful 
     physical desecration of the flag of the United States; and be 
     it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to each member of Hawaii's 
     congressional delegation.
                                                                    ____

          Oregon Legislative Assembly, Senate Joint Memorial 1

       Whereas although the right of free expression is part of 
     the foundation of the United States Constitution, very 
     carefully drawn limits on expression in specific instances 
     have long been recognized as legitimate means of maintaining 
     public safety and decency, as well as orderliness and 
     productive value of public debate; and
       Whereas certain actions, although arguably related to one 
     person's free expression, nevertheless raise issues 
     concerning public decency, public peace, and rights of 
     expression and sacred values of others; and
       Whereas there are symbols of our national soul such as the 
     Washington Monument, the United States Capitol and memorials 
     to our greatest leaders that are the property of every 
     American and therefore worthy of protection from desecration 
     and dishonor; and
       Whereas the American flag is a most honorable and worthy 
     banner of a nation thankful for its own strengths, committed 
     to curing its faults, and the continued destination of 
     millions of immigrants attracted by the universal power of 
     the American ideal; and
       Whereas the law, as interpreted by the United States 
     Supreme Court, no longer accords to the Stars and Stripes 
     that reverence, respect and dignity befitting the banner of 
     that most noble experiment of a nation-state; and
       Whereas it is only fitting that people everywhere should 
     lend their voices to a forceful call for restoration to the 
     Stars and Stripes of a proper station under law and decency; 
     now, therefore, be it Resolved by the Legislative Assembly of 
     the State of Oregon:
       (1) The Congress of the United States is memorialized to 
     promptly propose an amendment to the United States 
     Constitution specifying that Congress and the several states 
     shall have the power to prohibit the physical desecration of 
     the flag of the United States of America.
       (2) A copy of this memorial shall be sent to the President 
     of the United States and to each member of the Oregon 
     Congressional Delegation.
     

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