Today, we celebrate Flag Day, honoring an enduring symbol of our democracy, of our shared values, of our allegiance to justice, and of those who have sacrificed to defend these principles.
On this day, I renew my support for S.J. Res. 12, a resolution that would let the people decide whether they want a Constitutional Amendment to protect the American flag.
Many moving images of the flag are etched into our nation’s collective conscience. We are all familiar with the image of Marines raising the flag on Iwo Jima , with the New York firefighters raising the flag amid the debris of the World Trade Center and with the large flag that hung over the side of the Pentagon while part of it was rebuilt after 9/11.
It is more than a piece of material to so many of us. For our veterans, the flag represents what they fought for – democracy and freedom. Today there are almost 300,000 troops serving overseas, putting their lives on the line every day fighting for the fundamental principles that our flag symbolizes.
Last December, I traveled to Iraq and met with some of the brave men and women in the armed forces that are stationed there. We flew out of Baghdad on a C-130 that we shared with a flag-draped coffin being accompanied by a military escort.
This was very moving. It showed clearly how significant the meaning of the flag is and why protecting it is so important.
In the 1989 case Texas v. Johnson, the Supreme Court struck down a State law prohibiting the desecration of American flags in a manner that would be offensive to others. The Court held that the prohibition amounted to an impermissible content-based regulation of the First Amendment right to free speech. Until this case, 48 of the 50 states had statutes preventing burning or otherwise defacing our flag.
After the Johnson case was decided, Congress passed the Flag Protection Act of 1989, which sought to ban flag desecration in a content-neutral way that would withstand judicial scrutiny. Nevertheless, the Supreme Court justices struck down that Federal statute as well.
It is clear that without a Constitutional Amendment, there is no Federal statute protecting the flag which will pass constitutional muster.
S.J. Res. 12 would not ban flag burning. It would not ban flag desecration. This amendment would do one thing only: give Congress the opportunity to construct, deliberately and carefully, precise statutory language that clearly defines the contours of prohibitive conduct.
Some critics say that we are making a choice between trampling on the flag and trampling on the first amendment. I strongly disagree.
Protecting the flag will not prevent people from expressing their points of view. I believe a Constitutional Amendment returning to our flag the protected status it has had through most of this nation’s history, and that it deserves, is consistent with free speech.
I do not take amending the Constitution lightly. It is serious business and we need to tread carefully. But the Constitution is a living text. In all, it has been amended 27 times.
Securing protection for this powerful symbol of America would be an important, but very limited, change to Constitution. It is a change that would leave both the flag and free speech safe.
Now it is time to give Americans the opportunity to amend the Constitution for something that we all agree is sacred to so many people all across this country. It is time to let the people decide.
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