[Congressional Record Volume 145, Number 96 (Thursday, July 1, 1999)]
[Extensions of Remarks]
[Page E1490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONSTITUTIONAL AMENDMENT AUTHORIZING CONGRESS TO PROHIBIT THE PHYSICAL 
              DESECRATION OF THE FLAG OF THE UNITED STATES

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                               speech of

                          HON. STENY H. HOYER

                              of maryland

                    in the house of representatives

                        Thursday, June 24, 1999

  Mr. HOYER. Mr. Speaker, I rise today in opposition to H.J. Res. 33, 
the proposed constitutional amendment to prohibit the physical 
desecration of our flag. And, in this respect, I take no pleasure in 
doing so: Like the vast majority of Americans, I too condemn those 
malcontents who would desecrate our flag--a universal symbol for 
democracy, freedom and liberty--to grab attention for themselves and 
inflame the passions of patriotic Americans.
  Further, I fully appreciate and respect the motivations of those who 
offer and support this amendment, particularly the patriotic men and 
women who so faithfully served this Nation in our armed services and in 
other capacities. Their strong feelings on this issue should neither be 
questioned nor underestimated. They deserve our respect.
  However, I respectfully disagree with them and will oppose this 
amendment for the reasons so eloquently articulated by Senator Mitch 
McConnell of Kentucky. In opposing a similar amendment a few years ago, 
Senator McConnell stated that it ``rips the fabric of our Constitution 
at its very center: the First Amendment.'' He added, ``Our respect and 
reverence for the flag should not provoke us to damage our 
Constitution, even in the name of patriotism.''
  Those of us who oppose this amendment do so not to countenance the 
actions of a few misfits, but because we believe the question before us 
today is how we--the United States of America--are to deal with 
individuals who dishonor our Nation in this manner.
  I submit, Mr. Speaker, that a constitutional amendment is neither the 
appropriate nor best method for dealing with these malcontents. As the 
late Justice Brennan wrote for the Supreme Court in Texas v. Johnson: 
``The way to preserve the flag's special role is not to punish those 
who feel differently about these matters. It is to persuade them that 
they are wrong. . . . We can imagine no more appropriate response to 
burning a flag than waving one's own.''
  Furthermore, it troubles me that this amendment, if approved, would 
ensconce the vile actions of a few provocateurs into the very document 
that guarantees freedom of speech, freedom of religion, freedom of the 
press, freedom of assembly, and freedom to petition the government. 
That document, of course, is our Constitution.
  In more than 200 years, our Constitution has been amended only 27 
times, and nearly all of those amendments guarantee or expand rights, 
liberties and freedoms. Only one amendment--prohibition--constricted 
freedoms and soon was repealed.
  I simply do not believe that our traditions, our values, our 
democratic principles--all embodied in our Constitution and the Bill of 
Rights--should be overridden to prohibit this particular manner of 
speech, even though I completely disagree with it.
  Free speech is often a double-edged sword. However, if we value the 
freedoms that define us as Americans, we should refrain from amending 
the Constitution to limit those same freedoms to avoid being offended.
  Finally, while even one act of flag burning is one too many, I do not 
believe that flag desecration is rampant in our Nation or so harms the 
Republic that nothing short of a constitutional amendment is needed.
  I remind my colleagues that if we approve this amendment, we put our 
great Nation in the company of the oppressive regimes in China, Iran, 
and Cuba--all of whom have similar laws protecting their flags. 
Needless to say, when it comes to free speech, the United States of 
America is the world's leader. It does not follow China, Iran or Cuba.
  Our flag is far more than a piece of cloth, a few stripes, 50 stars. 
Our flag is a universal symbol for freedom, liberty, human rights and 
decency that is recognized throughout the world. The inflammatory 
actions of a few misfits cannot extinguish those ideals. We can only do 
that ourselves. And I submit that a constitutional amendment to 
restrict speech--even speech such as this--is the surest way to stoke 
the embers of those who will push for even more restrictions.

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