[Congressional Record Volume 144, Number 76 (Friday, June 12, 1998)]
[Senate]
[Pages S6305-S6306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        TRIBUTE TO KATHY WEMHOFF

 Mr. CRAIG. Mr. President, I rise to recognize one of my Idaho 
constituents, Kathy Wemhoff. With Flag Day quickly approaching on June 
14th, I wanted to congratulate Kathy on being the Idaho state winner of 
The Citizens Flag Alliance Essay Contest. Kathy won a scholarship and 
went on to compete in the national competition.
  Her essay, titled, ``The American Flag Protection Amendment: A Right 
of the People * * * The Right Thing to Do'' focuses on the importance 
of the American flag to all citizens and discusses reasons why we 
should have a flag protection amendment. I think she has done an 
excellent job of making the case for protecting the flag, and I

[[Page S6306]]

recommend her essay to every member of the Senate.
  I feel strongly about the protection of this flag. It is a beacon to 
us--a reminder of those who died for us and the values that unite us. 
As we near U.S. Flag Day, I'd like to remind the Senate of the already-
proposed amendment to protect our flag and ask all my colleagues to 
support this important matter. Kathy's feelings are shared by most 
Americans. Let's not ignore them. Let's support them and build our 
nation's pride! Let me now read Kathy's essay:

The American Flag Protection Amendment: A Right of the People * * * The 
                           Right Thing To Do

       I pledge allegiance, to the flag, of the United States of 
     American. . .'' Every day, millions of voices speak these 
     words first published in ``Youth's Companion'' on September 
     8, 1892: voices belonging to the men of the armed forces, 
     school children, and the citizens of the United States of 
     America. The pledge, written for the National Public Schools 
     Celebration of Columbus Day, became enormously popular in a 
     very short time. On Columbus Day of that year, only one month 
     after its publication, more than twelve million school 
     children took the pledge (Quaife 154). The birth of the 
     pledge and its enormous success demonstrate the importance 
     that the American populace place on the flag.
       The pledge must hold some special meaning for such a great 
     number of people to believe and repeat these words daily. No 
     words could be clearer than those of the Pledge of 
     Allegiance. Every man, woman, and child who repeats the words 
     not only understands them, but also lives by them. The people 
     are voicing their loyalty to and belief in the nation and its 
     flag as they put their hands to their hearts. Even centuries 
     after the nation's establishment, the flag remains a symbol 
     of the United States and the freedom of the people who reside 
     within.
       Symbols have substantial importance in this world, but what 
     exactly is a symbol? A symbol may be an object or idea which 
     suggests some other more distinguished idea by reason of 
     relationship, association, or convention. A Christmas tree or 
     stockings, for example, are symbols heavily depended upon by 
     most people. Few can imagine Christmas without a tree or 
     stockings. The symbol relates the person to that event or 
     object which would otherwise seem unimportant. Without the 
     flag to represent the dedication, honor, and freedom of the 
     United States, we the people will lose our faith in the 
     country. The flag reminds the citizens of their freedom and 
     the soldiers who fought and died for that freedom. The flag, 
     so admirable fluttering in the air, must be preserved from 
     the elements and protected from desecration. The thought of 
     the flag torn and dirtied by carelessness or hatred turns the 
     stomachs of the people who look to the flag with admiration. 
     Not only can this behavior be labeled unjust to the flag, 
     but also to the country and all its people. The need for a 
     law to protect the flag from inequitable harm has arisen, 
     for the flag is relied upon as the national symbol of 
     freedom.
       Old Glory, millions of times unraveled and sewn again since 
     Independence Day, July 4, 1776, remains for the most part 
     preserved and protected throughout the country (Quaife 109). 
     People young and old care for the flag as if it were a 
     delicate vase shielded from all harm for many centuries, 
     carrying it in from the rain, never letting it touch the 
     ground, and even guarding it with rifles. When the flag 
     rises, American citizens young and old stand and salute it to 
     show their respect for what it represents: honor, nobility, 
     and the individual soldiers who fought for our freedoms: of 
     life, liberty, and the pursuit of happiness (Berkin 425). 
     These freedoms are extremely important, yet often taken 
     advantage of.
       There remains an exception to the behavior that most 
     possess around the flag; people may desecrate it without 
     punishment. No law exists at this time to protect the flag 
     from ill treatment. Those who desire to fight in the flag's 
     honor can do so by joining forces with all our nations' 
     people and fighting for the creation of a law to protect and 
     preserve it. The Constitution and laws of the country are 
     made by the people, and for the people; therefore, the people 
     have the right to fight for the protection of the American 
     flag. Not a law of one town or of one state, but a law of the 
     nation should be created: an amendment to the United States 
     Constitution guarding against desecration of our nation's 
     symbol of freedom.
       The American Flag remains protected from ``disloyal 
     utterances'' by the Sedition Act, passed in 1918, but holds 
     no personal amendment or act to prevent it from being 
     physically damaged (Berkin 425). An amendment with strength 
     will uphold the credibility of the flag, saving it the 
     humility of desecration or desertion. A simple and unadorned, 
     yet specifically detailed amendment will hold anyone 
     disrespectful to the flag's rights in contempt of the nation. 
     Any purposeful act of aggression against the flag, such as 
     dragging it in the dirt or burning it, would result in heavy 
     punishment. The guidelines of what exactly would be 
     punishable would be stated in the Flag Amendment; the Supreme 
     Court would have the authority to enforce punishment when 
     these laws were violated.
       A decision of the court may be based upon much of the same 
     facts as was the case ``United States vs. O'Brien, 1968'' 
     when four young men burned their draft cards in protest of 
     the Vietnam War. The O'Brien case dealt with the issue of 
     symbolic speech, whether or not certain actions should be 
     allowed to fall under the First Amendment's guarantee of free 
     speech (McClenaghan 118). Burning a flag or desecrating one 
     in any other manner would follow the court ruling of the 
     O'Brien case; a limitless variety of conduct cannot be 
     labeled ``speech''; therefore, unacceptable behavior toward 
     the flag can be punishable by law. The flag, protected by the 
     First Amendment under symbolic speech, would then also have 
     an amendment that described the limits of what behavior would 
     be acceptable in its handling and what punishment could be 
     given in the event of its desecration.
       The flag, for so many reasons, deserves and needs 
     protection from desecration and misuse. Since the majority of 
     the nation's people view the flag as a symbol of their 
     freedom, it deserves an amendment to recognize and protect 
     it. The need for this amendment exists because of the few 
     people of the nation who cannot respect the flag or look to 
     it as a symbol of their freedom. All citizens should support 
     the cause of creating an amendment to protect the flag from 
     dishonor. It is of great importance to have a symbol of the 
     nation's freedom and unity so that the people do not forget 
     or take advantage of the rights they possess by living in 
     America.

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