The American Flag

The American Flag
By Tom Cole

June 27, 2005

With the July 4th celebration of our nation's independence just around the corner, the House last week debated a piece of legislation that will protect the symbol of that freedom-the American flag. The American flag is an enduring symbol of liberty, democracy, and justice. The flag honors those who have fought to protect it, and is a reminder of the sacrifice of our nation's founders and heroes.

The Flag Protection Amendment, H.J. Res. 10, which the House passed overwhelmingly last week, proposes an amendment to the Constitution authorizing Congress to prohibit the physical desecration of the flag. I was very proud to vote for this amendment that will enable Congress to prosecute individuals that desecrate the very symbol of the country that gives them the freedom to make such statements. The Stars and Stripes is the most recognized symbol of freedom and democracy in the world, and deserves appropriate protections.

In 1989, the federal government and 48 states outlawed the physical desecration of the American flag. However, that same year, the United States Supreme Court ruled in a 5-4 decision in Texas v. Johnson that the burning of an American flag as part of a political demonstration was protected by the First Amendment. In response to the Johnson decision, Congress passed the "Flag Protection Act of 1989" with bipartisan and overwhelming support. The following year, in United States v. Eichman, the United States Supreme Court, in another 5-4 decision, struck down the "Flag Protection Act of 1989," ruling that it infringed on expressive conduct protected by the First Amendment. Because of the Johnson and Eichman decisions, a constitutional amendment provides the only remaining option for the American public to restore protection to our Nation's greatest symbol.

The House has passed a flag protection amendment by more than the 2/3 majority needed in 5 separate Congresses. In the last 4 of these Congresses, language identical to H.J. Res. 10 passed the House. Though a flag protection amendment received majority support in the Senate on two separate occasions, it failed both times to garner the 2/3 majority by 4 votes. Also, all 50 states have passed resolutions calling on Congress to pass a flag protection amendment, and polls make clear that over the last 15 years the overwhelming majority of the American people have consistently supported a flag protection amendment.

The American flag serves a unique role as the symbol of the ideals upon which our country was founded and our common commitment to the preservation of those ideals. From this nation's beginnings our flag has served a number of purposes: it has been a rallying point for troops in battle, a tribute to a fallen hero and a reminder of our nation's history. It is the focal point of hope in scenes such as Iwo Jima and Ground Zero. For the many people who have worked and scarified to make our country what it is today, the American flag is our most honored and cherished symbol. I believe it is worth protecting.

http://www.house.gov/apps/list/hearing/ok04_cole/americanflag.html