[Congressional Record Volume 151, Number 5 (Tuesday, January 25, 2005)]
[Extensions of Remarks]
[Page E53]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            REINTRODUCTION OF THE FLAG PROTECTION AMENDMENT

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                     HON. RANDY ``DUKE'' CUNNINGHAM

                             of california

                    in the house of representatives

                       Tuesday, January 25, 2005

  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. 4, which I 
sponsored in the last session of Congress, and language adopted by the 
House five times. This amendment is necessary to restore protections 
for the symbol of our Nation that the Supreme Court wiped away in its 
1989 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 has five times passed a Flag Protection 
Constitutional Amendment 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. Since that time, our Nation 
has endured some of its most difficult challenges and we have been 
reminded once again how important the flag is in unifying our Nation, 
demonstrating our resolve and honoring those who have sacrificed to 
protect the lives and liberties of the American people.
  Each color on the 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. From the soldier deployed or detained 
abroad to the policemen and firefighters protecting citizens in 
communities, it has stood as a symbol of the country we love, the 
reason we serve and most important, the sacrifices that have been made.
  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. Since 9-
11, the flag has come to represent even more for all Americans and a 
reminder of those who were lost protecting us. Allowing its desecration 
is an insult to all those who perished.
  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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