| I have long been among the
strongest supporters in the United States Senate of amending the
United States Constitution to allow Congress to prohibit physical
desecration of the United States flag. Unfortunately, on March
29, 2000, such a proposal failed to gain the 67 votes necessary
in the United States Senate, failing by a vote of 63-37.
In 1989, the United States
Supreme Court, in a 5-4 decision in the case of Texas v. Johnson,
stated that the First Amendment prevented a state from protecting
the American flag from acts of physical desecration. Since that
time, a number of individuals have sought to seize on this
misguided Supreme Court decision to justify flag burning. Why
would any citizen, who wishes to continue enjoying the great
privileges of being an American, need a legal right to burn our
Nation's flag in public?
No amount of tortured legal
argumentation can overcome common sense and the plain meaning of
the First Amendment. The First Amendment to the Constitution
states that no law shall abridge the "freedom of speech." The key
word in this portion of the Amendment is "speech." Laws that do
not abridge "speech" are not prohibited by this section of the
Amendment. Simply put, burning the United States flag is not
speech. A flag is not burned with words. Rather, a flag is burned
with fire. As such, burning a flag is more appropriately
classified as conduct, which is not protected by the First
Amendment.
The proposition that our
greatness as a nation rests on whether or not an individual is
permitted to burn Old Glory simply does not add up. At a time in
our national history when disparate influences appear to be
dividing people, the American flag represents unity. During the
American Revolution, and subsequent conflicts, the flag has
unified our diverse nation. Our flag symbolizes the freedoms we
enjoy everyday. Generations of Americans have gone forth from our
shores to stop enemies abroad from taking away these
freedoms.
In addition, our great nation
has always used the flag to honor those who, proudly in the
uniform of our military, made great sacrifices. These are
startling statistics that tend to be forgotten with the passage
of time: World War II, 406,000 U.S. Service Members killed; Korea
55,000 U.S. Service Members killed; Vietnam, 58,100 U.S. Service
Members killed, the Persian Gulf, 147 U.S. Service Members
killed. For all those who gave their life, let us not forget that
their caskets were draped in our flag as the final expression of
our nation's thankfulness.
The memory and honor of those
who have fought under our flag demands that our flag be protected
against reckless conduct presenting itself as "free
speech."
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