| Flag Desecration In The United States |
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Flag desecration in the United States is almost always conducted as an act of protest of the government and the flag may be stomped on, spit on, or burned (of which the latter is the least common, but incites more controversy). Burning a flag is usually not considered a protest, as it is used most commonly to honor a "soiled" flag. Many Americans have protested flag desecration and many local and state governments have tried to act, but the stronger laws are usually struck down by the courts. __TOC__ CONSTITUTIONAL PUSHES TO STOP "DESECRATION" On Thursday May 25th, 1995 , a proposed Constitutional Amendment that would make it illegal to burn the American flag passed its first test. The amendment passed the House Constitution subcommittee 7-5 and went on to the full Judiciary Committee. --- The proposed amendment is: The Congress and the states shall have power to prohibit the physical desecration of the flag of the United States. The amendment is a response to Supreme Court rulings in 1989 and 1990 that struck down statutes prohibiting flag desecration, holding that those laws infringed on the right to free speech and expression under the First Amendment. Supporters of the amendment say the flag deserves special protection because it symbolizes freedom and unites a diverse country. Opponents say burning the flag is a form of free speech and should be protected - a position the U.S. Supreme Court has taken. If the amendment is adopted by the Senate and ratified by the states, it would be the first revision to the Bill Of Rights since it was passed in 1792 . Although passage is not assured, it is clear that arguments based on constitutional principles will have a formidable opponent in the emotional appeals of the amendment's champions. On Wednesday June 28th , 1995, the full House approved the amendment, the vote being 312-120, with 93 Democrats joining 219 Republicans in the majority, while 12 Republicans sided with 107 Democrats and the chambers lone independent in opposing the measure. The measure went on to the Senate Judiciary Committee where it was approved 12-6 on July 20th,1995. A two-thirds majority in the full Senate is necessary to pass a constitutional amendment. If passed by the Senate the measure would then need to be ratified by 38 of the 50 states within seven years to add the language to the Constitution. It is not subject to a presidential veto. By Tuesday December 12th, 1995, the Senate was ready to vote on the measure, with the vote being 63-36 in favor of the amendment, three short of the two-thirds needed to propose an amendment for ratification by the states. In 2005 the same amendment was reintroduced in the House and was approved by the House. SEE ALSO EXTERNAL LINKS |
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