[Congressional Record Volume 144, Number 7 (Thursday, February 5, 1998)]
[Senate]
[Pages S458-S459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       PROTECTION OF THE AMERICAN FLAG FROM PHYSICAL DESECRATION

 Ms. SNOWE. Mr. President, I am proud to join Senators Hatch, 
Cleland, and others in cosponsoring the proposed constitutional 
amendment to grant the States and Congress the power to prohibit the 
physical desecration of the flag of the United States. Our flag 
occupies a truly unique place in the hearts of millions of citizens as 
a cherished symbol of freedom and democracy. As a national emblem of 
the world's greatest democracy, the American flag should be treated 
with respect and care. I have long held that our free speech rights do 
not entitle us to consider the flag as merely personal property, to be 
treated any way we see fit, including its desecration for the purpose 
of political protest. I want to commend Senator Hatch for once again 
leading us in this very worthwhile cause.
  Mr. President, with the introduction of this resolution, we resume 
our effort to protect the greatest symbol of the American experience. 
There is no more powerful symbol of freedom, democracy, and our 
commitment to those principles that the American flag, and it is 
altogether just that we try to ensure that it is publicly displayed 
with pride, dignity, and honor. Make no mistake, Mr. President, the 
flag is not merely a visual symbol to us, nor should it be. Too many 
Americans have contributed too much of their labor, their passion, and 
in some cases their very being for it to be so simply regarded. For the 
flag permeates our national history and relays the story of America in 
its simplest terms. Indeed, knowing how the flag has changed--and in 
what ways it has remained constant--is to know the history and hopes of 
this country.
  More than 220 years ago, a year after the colonies had made their 
historic decision to declare independence from Britain, the Second 
Continental Congress decided that the American flag would consist of 13 
red and white alternating stripes and 13 white stars in a field of 
blue. These stars and blue field were to represent a new constellation 
in which freedom and government of the people, by the people and for 
the people would rule. As we all know, the constellation has grown to 
include 50 stars, but the number of stripes has remained constant. In 
this way, the flag tells all who view it that no matter how large 
America may become, it is forever rooted in the bedrock principles of 
freedom and self-government that led those first 13 colonies to forge a 
new nation.
  Equally important is the fact that the flag also represents our 
commitment to these ideals. This commitment has exacted a high human 
toll, for which many of America's best and brightest have given their 
last full measure of devotion. It is in their memories and for their 
commitment to America's ideals that I am proud to support the amendment 
introduced yesterday.
  The amendment is necessary because the Supreme Court, in its 1990 
U.S. verses Eichman ruling, held that burning the flag in political 
protest was constitutionally protected free speech. No one holds our 
right to free speech more dearly than I do, Mr. President, but in my 
view, the Eichman decision unnecessarily rejects the deeply held 
reverence in which millions of Americans hold our flag. With all the 
forums for public opinion available to Americans every day, from 
television and radio, to newspapers and internet chat rooms, Americans 
are afforded ample opportunity to freely and fully exercise their 
legitimate, constitutional right to free speech, even if what they have

[[Page S459]]

to say is overwhelmingly unpopular with a majority of American 
citizens. Simply put, protecting the flag from desecration poses no 
serious threat to the exercise of free speech in America.
  We must also remember that this constitutional amendment is carefully 
drafted to simply allow the Congress and individual State legislatures 
to enact laws prohibiting the physical desecration of the flag, if they 
so choose. It certainly does not stipulate or require that such laws be 
enacted, although many States and the Federal Government have already 
demonstrated widespread support for doing so. In fact, prior to the 
Supreme Court's rulings on this issue, 48 States, including my own 
State of Maine, and the Federal Government has anti-flag-burning laws 
on their books for years. So really what we do with this resolution is 
give the American flag the protection that almost all the States, the 
Federal Government, and a large majority of the American people have 
already endorsed.
  Protecting the flag also enjoys widespread support in Congress. 
During the 104th Congress, the House of Representatives overwhelmingly 
passed a flag protection resolution, and 63 Senators supported a 
resolution identical to this one. Just last year, the House or 
Representatives, to its credit, reaffirmed its commitment to the 
sanctity of the American flag by once again passing a flag protection 
resolution with ease. Now it is time for the Senate to show a similar 
commitment.
  Whether our flag is flying over Fenway Park, a military base, a 
school, or on a flag pole on Main Street, the stars and stripes have 
always represented the ideals and values that are the foundation of 
this great Nation. Our flag has come to not only represent the pride we 
have for our Nation's past glories, but also to stand for the hope we 
all harbor for our Nation's future. Mr. President, it is with this 
pride and hope that I urge my colleagues to support this amendment.

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