[Congressional Record Volume 151, Number 92 (Monday, July 11, 2005)]
[Extensions of Remarks]
[Page E1453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               H.J. RES. 10, FLAG DESECRATION RESOLUTION

                                 ______
                                 

                          HON. BETTY McCOLLUM

                              of minnesota

                    in the house of representatives

                         Monday, July 11, 2005

  Ms. McCOLLUM of Minnesota. Mr. Speaker, I believe burning the flag is 
an offensive and disrespectful act. However, I oppose H.J. Res. 10, a 
resolution proposing an amendment to the Constitution authorizing the 
Congress to prohibit the physical desecration of the flag of the United 
States.
  Rather, I rise in support of the amendment offered in the form of a 
substitute, H. Amdt. 337, which would ensure that the First Amendment 
right to free speech is protected and that any statute enacted by 
Congress attempting to prohibit the physical desecration of the flag 
would remain consistent with the First Amendment.
  I have confidence my colleagues on both sides of the aisle can agree 
that the liberty and freedom guaranteed by our Constitution, and 
symbolized by our grand old flag, is our Nation's greatest strength. 
Everyday, the freedoms that surround us in our homes, schools and 
places of work here in this chamber, are a constant reminder of what 
out flag means, and what has been sacrificed to ensure its lasting 
stability and continuity in our Nation. Every day Congress is in 
session, we pledge allegiance to this flag, ``and to the republic for 
which it stands.''
  The willful destruction of our Nation's flag is, indeed, deeply 
offensive. The flag is a symbol of our national unity and a source of 
national pride, and our flag deserves to be treated with respect at all 
times. Yet, despite my love for my Nation and the flag, and my deep 
appreciation for the men and women who yesterday and today fight and 
live their lives defending our Nation, I cannot support this 
resolution.
  We must take heed of the constitutional parameters that will be 
reduced as a result of this amendment. One of our most cherished 
liberties is our freedom of expression. Every individual in America is 
truly free to express his or her opinions, without threat of hindrance 
or persecution. From time to time we undoubtedly may disagree with 
another's opinion. However, this does not mean that their views should 
be constricted by the Constitution. If we place any limits on this 
freedom, we are opening the possibility that further limitation can be 
placed on our freedom of expression at a later time. This resolution, 
H.J. Res. 10, will indeed serve to reduce that freedom which is so 
crucial and essential to the maintenance of a strong, vibrant 
democracy.

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