[Congressional Record Volume 152, Number 57 (Thursday, May 11, 2006)]
[House]
[Page H2555]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONORING THOSE WHO MADE THE ULTIMATE SACRIFICE
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Massachusetts (Mr. Frank) is recognized for 5 minutes.
Mr. FRANK of Massachusetts. Mr. Speaker, it is an important duty of
all of us who serve here to pay respect, to express our gratitude, to
join in the sorrow of those and their families who are serving this
Nation in a time of war. I have tried very hard to do that whenever the
occasion occurred. I have attended funerals of young men who were
killed, and in one case a man not so young.
I was pleased on Saturday to attend a welcoming home ceremony for one
young man who returned. I attended a ceremony to see off a group of
Guardsmen.
The merits of the war are irrelevant when it comes to honoring and
expressing our gratitude to those who have served.
{time} 1715
Having said that, I want to say that I deeply regretted that
yesterday, Tuesday rather, I felt called upon to vote against a bill
that was presented here under the suspension of the rules which allowed
for no serious debate and zero chance of amendment, a bill which in
part protected veterans' funerals from the disruption that they have
encountered. And it is true that a particularly contemptible group of
bigots are harassing people at some funerals. And we have every right
and under the Constitution the power to stop it.
Sadly, a badly overdrafted bill was brought forth with no chance for
us to amend it. And I do not think we honor our veterans by failing to
honor our Constitution. So I had to vote against the bill. Part of the
bill, if it had been in part, if we could have amended it down, I would
have proudly supported, the part that would have said you cannot have a
demonstration in which any individual is willfully making or assisting
in the making of any noise that disturbs or tends to disturb the peace
or good order of the funeral, memorial service or ceremony on a
military cemetery. But the bill went before that.
The bill says that for 60 minutes before a funeral and 60 minutes
after, within 500 feet of the cemetery, you can't hold up a sign that
might be offensive to people. You can't picket. It doesn't just say
noise. It says diversion, and it defines it, any picketing, the display
of any placard, banner, flag or similar device.
When we had an outrageous effort to intimidate a Danish newspaper
because they exercised the right of free press and published cartoons
of the Prophet Mohammed, which many Muslims found offensive, some
people, apologists for this outrageous behavior against the newspaper,
said, well, you know it is free speech. But free speech has to be
respectful. Free speech has to be within limits.
No, it does not. Free speech is not respectful speech. Indeed, the
American Constitution, the principle of free speech precisely protects
the right of despicable people to be obnoxious. If you don't believe in
that, you don't believe in free speech.
In fact, the particular group of vicious people who have been
disrupting the funerals have as their major goal getting rid of people
like me, gay men and lesbians. They particularly hate us. But I will
not allow their bigotry against me and the reaction against that to be
used to reduce the protections of our Constitution.
The parts of this bill that say that if you try to disrupt a funeral
you are going to be prevented, they are fine. But telling people that
60 minutes before or after a funeral, within 500 feet of a national
cemetery, they can't picket or hold up a banner, that is not free
speech. That is not what we fight for.
I have defended previously the right of the Nazis to march in Skokie,
to the great horror of victims of the Holocaust, or survivors of the
Holocaust.
I told the Muslims who tried to coerce the Danish press that no
matter how offensive they found that cartoon, freedom of expression
meant that no government should stop you from being offensive.
Disrupting a funeral, of course you should not do that. We should not
allow ourselves, through restrictive legislative procedures, to act
against an admitted evil, the disruption of those ceremonies, in ways
that could undermine the Constitution.
So I hope this will come back from the Senate in a form I can vote
for. I would have voted for part of this bill; but I cannot, no matter
how despicable the bigots who are defaming this Nation and disrupting
cemeteries, I will not allow their behavior to be used as an excuse for
undermining the right of other people in other places to hold signs.
People holding signs within 200 feet of a cemetery, a half hour after a
funeral that some people find offensive, that is free speech. And the
way to counter that is to counter that. So I regret very much, in fact,
Mr. Speaker, and I don't mean to look for sympathy here. I had an
operation here last week. I had a stent, and I was supposed to return
early Tuesday to have the stent removed. I delayed my return because I
wanted to attend this funeral of the young man who was killed.
Obviously, the discomfort of my stent was nothing to what people face
who are in Iraq. But I simply want to testify that I will do everything
I can to continue to honor these people, but that does not require us
to demean the first amendment to the Constitution.
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