On 25 May 1995, a Subcommittee on the Constitution of the House of Representatives agreed by a seven-to-five vote on a proposed constitutional amendment empowering Congress and the states to prohibit the physical desecration of the flag of the United States of America. The proposed amendment (H. J. Res. 79) will next be considered by […]
On 25 May 1995, a Subcommittee on the Constitution of the House
of Representatives agreed by a seven-to-five vote on a proposed
constitutional amendment empowering Congress and the states to
prohibit the physical desecration of the flag of the United
States of America.
The proposed amendment (H. J. Res. 79) will next be considered by
the House Judiciary Committee (possibly as early as Tuesday, 6
June) and enjoys considerable support in Congress, despite past
decisions by the U.S. Supreme Court determining that prohibiting
flag burning or other forms of physical desecration of the flag
runs counter to the First Amendment right to freedom of
expression.
The amendment reads:
Joint Resolution
Proposing an amendment to the Constitution of the United States
authorizing the Congress and the States to prohibit the physical
desecration of the flag of the United States.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled (two-thirds of
each House concurring therein), That the following article is
proposed as an amendment to the Constitution of the United
States, which shall be valid to all intents and purposes as
part of the Constitution when ratified by the legislatures o
three-fourths of the several States within seven years after the
date of its submission for ratification:
“Article”
“The Congress and the States shall have power to prohibit the
physical desecration of the flag of the United States.” PEN
American Center, today (5 June) wrote the following letter to
members of the House Judiciary Committee pointing out its grave
misgivings about the proposed constitutional amendment.
“The First Amendment to the Constitution says that `Congress
shall make no law… abridging the freedom of speech.’ The U.S.
Supreme Court has determined that flag-burning can be a
legitimate form of speech. We therefore feel justified in stating
that, if Congress votes to pass H. J. Res. 79, Congress will be
doing just what the First Amendment says it can not do.
“We appreciate that there may be occasions when the burning or
defacing of the American flag amounts to damage to property,
trespassing, or even arson. However, laws exist that allow for
the prosecution and punishment of anyone who, in desecrating a
flag, concomitantly breaks these laws.
“Where, on the other hand, flag defacement amounts solely to a
peaceful expression of opinion, we believe it should continue to
be constitutionally protected. For example, individuals who buy
or make their own flags and then tear them up in a public space
should be considered to have done nothing other than peacefully
exercised their First Amendment right to free speech.
“H. J. Res. 79, however, would allow for the prosecution of these
individuals: as such it would tragically dilute what has hitherto
been prized by Americans everywhere as a cornerstone of our
democracy.
“The right to free speech enjoys more protection in our country
than perhaps any other country in the world. We urge you not to
tamper with this protection. We urge you to reject this proposal
out of hand.”
Recommended Action
Send appeals to authorities:
States by rejecting the proposal; noting that the flag-burning
amendment is a contravention of the first-amendment right to free
speech
Appeals To
Representative Henry Hyde (R-Il-6)
Washington, D.C.
Fax: +1(202) 225 7682
Please copy appeals to the originator if possible.
