[Congressional Record Volume 146, Number 35 (Monday, March 27, 2000)]
[Senate]
[Pages S1750-S1751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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    CONSTITUTIONAL AMENDMENT PROHIBITING THE DESECRATION OF THE FLAG

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               McCONNELL (AND OTHERS) AMENDMENT NO. 2889

  Mr. McCONNELL (for himself, Mr. Bingaman, Mr. Bennett, Mr. Conrad, 
Mr. Dorgan, Mr. Dodd, Mr. Torricelli, Mr. Byrd, and Mr. Lieberman) 
proposed the following amendment to the joint resolution (S.J. Res. 14) 
proposing an amendment to the Constitution of the United States 
authorizing Congress to prohibit the physical desecration of the flag 
of the United States; as follows:

       Strike all after the resolving clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Flag Protection and Free 
     Speech Act of 1999''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the flag of the United States is a unique symbol of 
     national unity and represents the values of liberty, justice, 
     and equality that make this Nation an example of freedom 
     unmatched throughout the world;
       (2) the Bill of Rights is a guarantee of those freedoms and 
     should not be amended in a manner that could be interpreted 
     to restrict freedom, a course that is regularly resorted to 
     by authoritarian governments which fear freedom and not by 
     free and democratic nations;
       (3) abuse of the flag of the United States causes more than 
     pain and distress to the overwhelming majority of the 
     American people and may amount to fighting words or a direct 
     threat to the physical and emotional well-being of 
     individuals at whom the threat is targeted; and
       (4) destruction of the flag of the United States can be 
     intended to incite a violent response rather than make a 
     political statement and such conduct is outside the 
     protections afforded by the first amendment of the 
     Constitution.
       (b) Purpose.--The purpose of this Act is to provide the 
     maximum protection against the use of the flag of the United 
     States to promote violence while respecting the liberties 
     that it symbolizes.

     SEC. 3. PROTECTION OF THE FLAG OF THE UNITED STATES AGAINST 
                   USE FOR PROMOTING VIOLENCE.

       (a) In General.--Section 700 of title 18, United States 
     Code, is amended to read as follows:

[[Page S1751]]

     ``Sec. 700. Incitement; damage or destruction of property 
       involving the flag of the United States

       ``(a) Definition of Flag of the United States.--In this 
     section, the term `flag of the United States' means any flag 
     of the United States, or any part thereof, made of any 
     substance, in any size, in a form that is commonly displayed 
     as a flag and that would be taken to be a flag by the 
     reasonable observer.
       ``(b) Actions Promoting Violence.--Any person who destroys 
     or damages a flag of the United States with the primary 
     purpose and intent to incite or produce imminent violence or 
     a breach of the peace, and under circumstances in which the 
     person knows that it is reasonably likely to produce imminent 
     violence or a breach of the peace, shall be fined not more 
     than $100,000, imprisoned not more than 1 year, or both.
       ``(c) Damaging a Flag Belonging to the United States.--Any 
     person who steals or knowingly converts to his or her use, or 
     to the use of another, a flag of the United States belonging 
     to the United States, and who intentionally destroys or 
     damages that flag, shall be fined not more than 2 years, or 
     both.
       ``(d) Damaging a Flag of Another on Federal Land.--Any 
     person who, within any lands reserved for the use of the 
     United States, or under the exclusive or concurrent 
     jurisdiction of the United States, steals or knowingly 
     converts to his or her use, or to the use of another, a flag 
     of the United States belonging to another person, and who 
     intentionally destroys or damages that flag, shall be fined 
     not more than $250,000, imprisoned not more than 2 years, or 
     both.
       ``(e) Construction.--Nothing in this section shall be 
     construed to indicate an intent on the part of Congress to 
     deprive any State, territory, or possession of the United 
     States, or the Commonwealth of Puerto Rico of jurisdiction 
     over any offense over which it would have jurisdiction in the 
     absence of this section.''.
       (b) Clerical Amendment.--The analysis for chapter 33 of 
     title 18, United States Code, is amended by striking the item 
     relating to section 700 and inserting the following:

``700. Incitement; damage or destruction of property involving the flag 
              of the United States.''.
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                HOLLINGS (AND OTHERS) AMENDMENT NO. 2890

  Mr. HOLLINGS (for himself, Mr. Specter, and Mr. Reid) proposed the 
following amendment to the joint resolution, S.J. Res. 14, supra; as 
follows:

       On page 2, line 4, strike beginning with ``article'' 
     through line 10 and insert the following: ``articles are 
     proposed as amendments to the Constitution of the United 
     States, either or both of which shall be valid to all intents 
     and purposes as part of the Constitution when ratified by the 
     legislatures of three-fourths of the several States within 7 
     years after the date of submission for ratification:''.

                             `` `Article --

       `` `Section 1. Congress shall have power to set reasonable 
     limits on the amount of contributions that may be accepted 
     by, and the amount of expenditures that may be made by, in 
     support of, or in opposition to, a candidate for nomination 
     for election to, or for election to, Federal office.
       `` `Section 2. A State shall have power to set reasonable 
     limits on the amount of contributions that may be accepted 
     by, and the amount of expenditures that may be made by, in 
     support of, or in opposition to, a candidate for nomination 
     for election to, or for election to, State or local office.
       `` `Section 3. Congress shall have power to implement and 
     enforce this article by appropriate legislation.

```Article --''.

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