[Congressional Record Volume 147, Number 33 (Tuesday, March 13, 2001)]
[Extensions of Remarks]
[Page E339]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INTRODUCTION OF FLAG PROTECTION AMENDMENT

                                 ______
                                 

                     HON. RANDY ``DUKE'' CUNNINGHAM

                             of california

                    in the house of representatives

                        Tuesday, March 13, 2001

  Mr. CUNNINGHAM. Mr. Speaker, I rise today to reintroduce legislation 
which would amend the Constitution to prevent desecration of the 
American flag. This measure is identical to H.J. Res. 33, which I 
sponsored in the last session of Congress, and language previously 
adopted by the House. It is necessary to restore protections for the 
symbol of our nation and all its honored traditions, which were sadly 
wiped away in the 1989 Supreme Court ruling on Texas v. Johnson.
  In that fateful 5-4 ruling, the court cast aside longstanding 
national laws and 48 state laws recognizing the flag's special status 
and honoring its place in American society--ruling that its desecration 
is protected under the first amendment. For those who see our flag as a 
revered symbol of freedom and the great sacrifices that were made to 
sustain it at home and abroad, that decision was a horrible affront--
and the call to action was immediate.
  Inspired to preserve our national trademark and unalloyed symbol of 
unity, Congress quickly moved to pass a law restoring flag protections. 
But in its 5-4 ruling on United States v. Eichman in 1990, the Supreme 
Court once again found that flag protections were inconsistent with 
free expression rights accorded under the first amendment. That ruling 
made it clear that restoration of flag protections would require a 
constitutional amendment.
  Since that ruling, the House four times has acted on a Flag 
Protection Constitutional Amendment, passing it three times with well 
over the two-thirds majority required. The Senate has also acted, 
failing to achieve the two-thirds votes necessary to move the amendment 
forward to the states for ratification by a mere handful of votes. With 
the Senate coming just three votes shy of that goal last year, and a 
new administration which has expressed its support for the Flag 
Protection Amendment, we are now within reach of victory.
  As a combat veteran who served 20 years in the Navy, there are almost 
no words adequate to convey the significance of the U.S. flag to me. 
But I can tell you that each color on that flag, each star and each 
stripe evokes emotion in me, and together they stand as a symbol of 
everything I believed in about this country when I fought to defend it. 
When I heard that some in my country were opposing my military's 
involvement in Vietnam, that flag reminded me of our tolerance for 
differences and our endurance through unity. It was a steady symbol of 
the liberties we enjoy--a way of life that should be protected for 
future generations and defended for others who aspire to it. And for 
POWs who endured unthinkable torture and deprivation, it was a source 
of hope and strength that helped them persevere another day.
  There have been several major incidents of flag burning since the 
Court ruling in 1990. These incidents tear at me, and represent a 
direct attack on all I hold dear about this country. The Constitution 
was not designed to protect actions which jeopardize others' rights, 
and the government has long acted to restrict speech and conduct that 
could cause harm to others. Those who want to express their anger 
against this country have options that don't involve destroying the 
sacred symbol that belongs to all citizens.
  At a time when we are faced with increasing youth violence and 
cultural breakdown, restoring our most recognized sign of unity would 
be a positive step in the right direction--providing a steady reminder 
that living free comes with responsibility to respect others.
  Mr. Speaker, the state of Israel has laws protecting not only its 
flag, but the flags of its allies as well. It is inexplicable to me 
that the United States is being told by its courts to tolerate such 
acts of hatred and violence against its flag when our allies go to such 
great lengths to protect it. Over 75 percent of Americans consistently 
agree: the time to restore protections for our flag is long overdue. I 
ask my colleagues to join me in support of this constitutional 
amendment, and to move it back to the American people for speedy 
ratification.

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