Flag Amendment introduced in the 109th Congress

I strongly agree with this effort. The First Ammendment protects freedom of speech, but in recent decades, the original intent has been stretched, twisted and otherwise ignored in order to include various types of behavior.  And protecting freedom of behavior under the First Ammendment seems to me to be an extraordinarily bad idea.

The defenders of this notion refer to it as "freedom of expression."  It sounds nice, but it’s still a dangerous idea. Perhaps the guy who spat in Jane Fonda’s face could claim protection under the First Ammendment. Or worse yet, the terrorists who destroyed the Federal Building and scores of innocent lives in Oklahoma City ten years ago. Where do you draw the line.

It’s time we started seperating speech from behavior.

On Thursday, April 14, 2005, U.S. Senator Orrin Hatch [R-UT], along with Senator Dianne Feinstein [D-CA], introduced Senate Joint Resolution [S.J. Res.] 12 with these words:

"Mr. President, it is with a sense of honor that my friend and colleague, Senator Feinstein, and I rise to introduce a bipartisan constitutional amendment that would allow Congress to prohibit the physical desecration of the American flag.Hatch_2

"I am proud and privileged to be working again with my California colleague on this important proposal. Among our principal cosponsors are our colleagues Senator Thune and Senator Talent. It is heartening to us to see some of the Senate’s newest Members come to this issue with the same passion that its original supporters still feel."

The language of the measure reads, "The Congress shall have power to prohibit the physical desecration of the flag of the United States." S. J. Res. 12 was read twice and referred to the Senate Judiciary.

In earlier action on the House side of the "Hill," U.S. Rep. Duke Cunningham [R-CA], along with U.S. Rep. Jack Murtha [D-PA] introduced Housed Joint Resolution [H.J. Res.] 10. It was referred to the House Judiciary Committee and early in March was referred to the House Judiciary Subcommittee on the Constitution. H.J. Res. 10 enjoys cosponsorship from 98 Members. The language of the House measure is identical to S. J. Res. 12 in the Senate.

With a resolution now active in both the House and the Senate, flag amendment advocates need to turn efforts toward securing additional cosponsors for each resolution.

Telephone numbers for U.S. Senators’ and Representatives’ District offices can be obtained from the blue pages of a local phone book or by calling the U.S. Capitol switchboard at [202] 224-3121. Members of Congress are also accessible via the Internet. Place their last name in a search engine, and then follow the links to their email address.

In his introductory remarks, Sen. Hatch commented on the right of the people to amend their Constitution by noting that amending the Constitution should never be taken lightly. "Yet after serious study of the issue," said Hatch, "I have concluded there is no other way to guarantee that our flag is protected . . . . And, indeed, guaranteeing the physical integrity of the flag is a cause worth fighting for. The American people seem to understand what the opponents of this amendment fail to grasp. This amendment is a necessary statement that citizens still have some control over the destiny of this Nation and in maintaining the traditions and symbols that have helped to bind us together in all our diversity for over 200 years."

The member organizations of the Citizens Flag Alliance agree.

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