[Congressional Record Volume 149, Number 2 (Wednesday, January 8, 2003)]
[Extensions of Remarks]
[Page E5]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            PROTECT OUR FLAG

                                 ______
                                 

                          HON. JO ANN EMERSON

                              of missouri

                    in the house of representatives

                        Tuesday, January 7, 2003

  Mrs. EMERSON. Mr. Speaker, I rise today to introduce a constitutional 
amendment for the protection of our nation's flag. The flag is a 
revered symbol of America's great tradition of liberty and democratic 
government, and it ought to be protected from acts of desecration that 
diminish us all.
  As you know, there have been several attempts to outlaw by statute 
the desecration of the flag. Both Congress and state legislatures have 
passed such measures in recent years, only to be overruled later by 
decisions of the Supreme Court. It is clear that nothing short of an 
amendment to the Constitution will ensure that Old Glory has the 
complete and unqualified protection of the law.
  The most common objection to this kind of amendment is that it unduly 
infringes on the freedom of speech. However, this objection disregards 
the fact that our freedoms are not practiced beyond the bounds of 
common sense and reason. As is often the case, there are reasonable 
exceptions to the freedom of speech, such as libel, obscenity, 
trademarks, and the like. Desecration of the flag is this kind of act, 
something that goes well beyond the legitimate exercising of a right. 
It is a wholly disgraceful and unacceptable form of behavior, an 
affront to the proud heritage and tradition of America.
  Make no mistake, this constitutional amendment should be at the very 
top of the agenda of this Congress. We owe it to every citizen of this 
country, and particularly to those brave men and women who have stood 
in harm's way so that the flag and what it stands for might endure. I 
urge this body to take a strong stand for what is right and ensure the 
protection of our flag.

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