[Congressional Record Volume 144, Number 7 (Thursday, February 5, 1998)]
[Senate]
[Page S461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         AMENDING THE CONSTITUTION TO PROHIBIT FLAG DESECRATION

 Mr. HAGEL. Mr. President, I rise today to speak in support of 
Senate Joint Resolution 40, introduced yesterday by my distinguished 
colleague from Utah, Senator Orrin Hatch, proposing an amendment to the 
Constitution authorizing Congress to prohibit the physical desecration 
of the American Flag.
  From the birth of our nation, the Flag has represented all that is 
good and decent about our country. Whether it be the battlefields of 
Bunker Hill and Gettysburg, the trenches of Flanders Field, the shores 
of Normandy, the rugged terrain of Korea, the jungles of the Mekong, or 
the desert of Kuwait--the Stars and Stripes led young Americans into 
battle. Proud young soldiers would carry it high, and if they should 
fall another would be right there to pick up Old Glory and carry it 
forward. It may have been tattered by the battle and singed by fire of 
war, but the American flag burned as a guiding beacon of hope and 
freedom for our young men and women. For those who paid the ultimate 
price for our nation, the Flag blanketed their journey and graced their 
final rest place.
  You see, Mr. President, the Flag is not just a piece of cloth. The 
``broad stripes and bright stars'' shining through the ``rockets' red 
glare'' inspired Francis Scott Key to write the Star Spangled Banner. 
It is a symbol so sacred to our nation that we teach our children not 
to let it touch the ground. It flies over our schools, our churches and 
synagogues, our courts, our seats of government and homes across 
America. The Pledge of Allegiance unites all Americans regardless of 
race, creed or color. The flag is not just a symbol of America, it is 
America.
  Those who oppose this legislation say that it impinges on freedom of 
speech and violates our Constitution. In my view this is a hollow 
argument. There are many limits placed on ``free speech,'' including 
limiting yelling ``fire'' in a crowded theater. Other freedoms of 
speech and expression are limited by our slander and libel laws.
  In 1989 and 1990 the Supreme Court of this great nation struck down 
flag protection laws by narrow votes. The Court has an obligation to 
protect and preserve our fundamental rights as citizens. However the 
American people understand the difference between freedom of speech and 
``anything goes.''
  When our citizens disagree with our national policy, there are a 
number of options available to them other than destroying the American 
Flag to make their point. Let them protest, let them write to their 
newspaper, let them organize, let them march, let them shout to the 
rooftops--but we should not let them burn the Flag. Too many have died 
defending the Flag for us to allow it to be used in any way that does 
not honor their sacrifice.
  Mr. President, in a day where too often we lament what has gone wrong 
with America, it's time to make a stand for decency, for honor and for 
pride in our nation. Just as the Flag has wrapped itself around the 
hearts and souls of our nation, let us now wrap the protection of our 
Constitution around the Flag.

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