[Congressional Record Volume 141, Number 112 (Wednesday, July 12, 1995)]
[Senate]
[Page S9820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                       FLY AND PROTECT OLD GLORY

 Mr. REID. Mr. President, Congress is again considering a 
constitutional amendment prohibiting the physical desecration of our 
flag. As always, I stand firm in my belief that this amendment is both 
a necessity and a salute to our country.
  As our national symbol, the U.S. flag deserves to be honored and 
protected. Freedom of speech is one of the most cherished and defended 
rights of the American people; however, desecration of our flag goes 
beyond the premise of free speech.
  As the time nears for this issue to once again come before Congress, 
a strong division of opinion remains. Constitutional scholars and 
editorialists have weighed in on both sides of this debate with some 
very thoughtful columns. One insightful article, in particular, was 
written by Mike O'Callaghan, a former two-term Governor of Nevada and 
the current executive editor of the Las Vegas Sun. I ask that this 
article be printed in the Record, and I encourage my colleagues to 
consider the interesting points raised in this column.
  The article follows:

                       Fly and Protect Old Glory

                         (By Mike O'Callaghan)

       Today is Flag Day and time to honor Old Glory. Few, if any, 
     Americans will dispute the honor we bestow upon our symbol of 
     national unity today or any other day. There has been some 
     strong disagreement about amending the U.S. Constitution to 
     give Congress and the states power to make unlawful the 
     physical desecration of our flag.
       There is nothing wrong with disagreeing with any attempt to 
     amend the document which spells out the strengths of our 
     nation. The Constitution was written so it can be amended 
     from time to time. Before it is amended, there should be long 
     discussions about the content of any amendment before it is 
     approved by Congress and/or the state legislatures. Those who 
     argue against this latest suggested amendment are no less 
     patriotic than are those who believe the amendment is a 
     necessity.
       Many people believe that this proposed amendment isn't 
     necessary. I must agree with them to a point, but they must 
     recognize that our own Supreme Court has made it necessary. 
     Twice the justices have ruled that neither the states nor 
     Congress has the power to make flag desecration illegal. Now 
     that they have told Americans that such flag-protection laws 
     are unconstitutional, the next move for many flag-loving 
     Americans is to amend the Constitution. This is a very 
     American response to what they believe is an illogical 
     Supreme Court ruling.
       The American Legion has taken the forefront in pushing for 
     a ban on flag desecration. The American Civil Liberties Union 
     has taken the opposite point of view because that 
     organization views such an amendment as weakening the First 
     Amendment's protection of free speech.
       The ACLU isn't the only group that has taken a stand 
     against the proposed amendment. Assistant Attorney General 
     Walter Dellinger, speaking for the Clinton administration, 
     warned that the amendment will ``create legislative power of 
     uncertain dimensions to
      override the First Amendment and other constitutional 
     guarantees.'' Also, Sen. Ted Kennedy sees it as a 
     ``troubling and unprecedented effort to politicize the 
     Constitution.''
       In addition to Dellinger, Kennedy and the ACLU, the Los 
     Angeles Times refers to the proposed amendment as one we 
     don't need. The Times editorial writer asks, ``But should 
     such contemptible disrespect be seen as imperiling the basic 
     fabric of American life? Are we as a people so insecure in 
     our love of country and esteem for its institutions that we 
     let the childish behavior of a few justify the profoundly 
     serious and worrying step of eroding one of the 
     Constitution's most noble and vital protections?''
       I find it necessary to disagree with the ACLU, the Clinton 
     administration, Sen. Kennedy and the Los Angeles Times. This 
     won't be the first or last time that I have or will disagree 
     with this distinguished group of intellectuals. As for 
     politicizing the Constitution, I can only shake my head in 
     disbelief after reading Kennedy's worry about amending the 
     Constitution. The entire amending process is a series of 
     political actions provided for by the instrument being 
     amended.
       As I have written before, I'm more than a little insulted 
     by the inane argument that such a constitutional change will 
     be an infringement on our right of free speech. That 
     argument,
      made by many who oppose an amendment to protect the flag, 
     has little or nothing to do with damaging the First 
     Amendment. A person can write and talk all day long and 
     into the night about the shortcomings of our city, state 
     and nation. That same person, if angry enough, can 
     renounce his or her citizenship without being worried 
     about being jailed. Millions of Americans believe public 
     desecration of our nation's symbol is taking it one step 
     beyond acceptable behavior and is an act beyond the bounds 
     of free speech.
       Today is Flag Day. Let's honor Old Glory and do our best to 
     protect her from desecration by supporting an amendment to 
     the Constitution. And let's not forget the words of my Navajo 
     friend Thomas Begay who watched our flag unfurl over Mt. 
     Surabachi on Iwo Jima 50 years ago. Recently, he wrote me and 
     said, ``Passage of this amendment is but one small step 
     toward restoring some accountability for one's actions. 
     Responsibility for one's actions is part of being a citizen 
     of this country. Responsibility, values, a sense of what's 
     right and wrong are taught at a very early age here on the 
     Navajo reservation. These values come from the family and are 
     reinforced in our school. Respect for the flag is one of the 
     basics that every Navajo child is taught before they even 
     start school. Our nation as a whole could still learn a lot 
     from its Native American population.''
     

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