[Congressional Record Volume 141, Number 197 (Tuesday, December 12, 1995)]
[Senate]
[Page S18396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    A VOTE CAST TO PROTECT OUR FLAG

  Mr. DORGAN. Mr. President, earlier today, I voted to protect the 
American flag from desecration. In doing so, I chose a statute rather 
than a constitutional amendment to achieve this important objective.
  For me and for most Americans, our Nation's flag is a symbol of the 
principles and values which hold this country together. We are appalled 
and deeply offended when someone burns or in some way destroys this 
national emblem of freedom and justice.
  Brave men and women have given their lives to protect the flag, to 
preserve as well the freedom and democracy for which it stands. We owe 
it to those soldiers to keep our flag from desecration. And we owe them 
our solemn pledge to protect the Bill of Rights given to us by 
history's greatest guardian of American liberty: Thomas Jefferson.
  But in defending our flag, we should not alter the Bill of Rights, 
and we should not tinker with language of our Constitution, if a 
simple, direct law can get the job done.
  I cosponsored and cast my vote for just such a law. It protects our 
flag by punishing those who damage or destroy it. Flag desecration, 
like shouting fire in a crowded theater, would not be protected by the 
first amendment. This law passes every constitutional test, according 
to scholars at the Congressional Research Service.
  Protecting America's cherished Constitution and Bill of Rights is 
every bit as important as protecting our beloved flag. We must do both, 
and take care not to jeopardize one while seeking to protect the other.
  It is a delicate balance, and I believe the bill for which I voted, 
achieves that important and critical balance.

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