[Congressional Record Volume 144, Number 146 (Wednesday, October 14, 1998)]
[Senate]
[Pages S12574-S12575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    DESECRATION OF THE AMERICAN FLAG

  Mr. THURMOND. Mr. President, I rise today to express my 
disappointment that we will not have the opportunity to vote before the 
end of this session on passage of S.J. Res. 40, the Constitutional 
amendment to protect the flag of the United States.
  Recently, the Majority Leader made a reasonable request for time for 
debate and then a vote on this amendment. However, the minority 
unfortunately would not agree. There is not time for extended debate on 
this issue in the last days of this session, but extended debate should 
not be necessary.
  We have considered this issue in the Judiciary Committee and on the 
Senate Floor many times in the past. In fact, we have been debating 
this matter for almost a decade. I have fought to achieve 
Constitutional protection for the flag ever since the Supreme Court 
first legitimized flag burning in the case of Texas v. Johnson in 1989. 
We have held numerous hearings on this in the Judiciary Committee, most 
recently this past July.
  In our history, the Congress has been very reluctant to amend the 
Constitution, and I agree with this approach. However, the Constitution 
provides for a method of amendment, and there are a few situations 
where an amendment is warranted. This is one of them.
  The only real argument against this amendment is that it interferes 
with an absolute interpretation of the free speech clause of the First 
Amendment. However, restrictions on speech already exist through 
Constitutional interpretation. In fact, before the Supreme Court ruled 
on this issue in 1989, the Federal government and the states believed 
that flag burning was not Constitutionally-protected speech. The 
Federal government and almost every state had laws prohibiting flag 
desecration in 1989.
  Mr. President, flag burning is intolerable. We have no obligation to 
permit this nonsense. Have we focused so much on the rights of the 
individual that we have forgotten the rights of the people?
  During moments of despair and crisis in our history, our people have 
turned to the flag as a symbol of national unity. It represents our 
nation, our national ideals, and our proud heritage. It is much more 
than a piece of cloth.

[[Page S12575]]

  One of the most vivid reminders of the importance of the flag is the 
Battle of Iwo Jima during World War II some 53 years ago. On the fourth 
day of the battle, after our troops fought their way onto the beaches 
and over dangerous terrain, six men raised a United States flag on the 
highest ridge on Mount Suribachi. That was February 23, 1945, but the 
battle raged on until March 15, 1945. During those weeks of fighting, 
the flag served as an inspiration for our troops to keep pressing 
forward to victory.
  Many times, American soldiers have put their lives on the line to 
defend what the flag represents. We have a duty to honor their 
sacrifices by giving the flag the Constitutional protection it 
deserves.
  Since we will not be able to turn to this amendment in the closing 
days of this session, this issue will have to wait for the next 
Congress. We must not be deterred. I am firmly committed to fighting 
for this amendment until we are successful.

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