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GOP pushes flag burning amendment
March 24, 1999 WASHINGTON (AllPolitics, March 24) -- A constitutional amendment to ban flag burning, which died in the Senate last year for lack of action, is getting a renewed push in the new legislative year by House Republicans. The always-controversial issue has enough support in the House to reach a needed two-thirds majority. Three-fourths of the states also must approve the amendment and supporters say they are optimistic they can get the necessary votes. The sticking point is in the Senate, where a two-thirds majority is needed and where the measure died last year. Supporters say that burning the flag is tantamount to a hate crime and is not constitutionally protected speech. "Burning the flag is burning the flag, not making a speech," said subcommittee chairman Charles Canady (R-Florida). House Judiciary Committee Chairman Henry Hyde told the subcommittee on the Constitution that the flag's symbolic value makes it a unifying force. Hyde attributed the disconnect to a disagreement on the interpretation of flag desecration "as free speech or as an act -- a hate crime." "What we desperately need is some symbol that unites us that shows us what we have in common," Hyde said Tuesday. "That's what the flag does." But opponents argue that the amendment tramples on free speech rights. If flag desecration becomes a hate crime, opponents says Congress is assuming the power to govern people's thoughts similar to the way communist or fascist systems do. "This amendment would give Congress the power to dictate to the American people how they can and cannot express themselves," Rep. John Lewis (D-Georgia) told the panel. "It would allow Congress to prohibit a particular expression -- to outlaw a particular thought." The Supreme Court has twice struck down attempts to ban flag burning. First, it ruled in 1989 that flag desecration is an act of free expression protected by the First Amendment. Congress then passed the Flag Protection Act, but the court struck down that law in 1990. In 1995, the new Republican-controlled House passed a flag-protection amendment, 312 votes to 120, far more than the required two-thirds. But the Senate vote failed by three votes, and the measure died. The House tried again two years later, but the Senate failed to take up the amendment before adjourning last year. Supporters are rekindling the debate, armed with testimony from veterans, a Holocaust survivor and a former Miss America. But opponents are ready to provide opposition once again in the always-emotional debate. "If you pass this amendment, you presume to read the minds of dissenters across the nation," former Democratic Rep. David Skaggs of Colorado Democrat told the constitutional panel.. The Associated Press contributed to this report. |
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MORE STORIES:Wednesday, March 24, 1999
• Clinton explains attacks to U.S. public • The politics of bombing • U.S. defense secretary: No indication of NATO casualties • Text of House Kosovo resolution • GOP pushes flag burning amendment • Jackson won't seek presidency in 2000 • McDougal says her ex-husband lied about Clinton's Whitewater involvement • Clinton urges Arafat to delay declaration of Palestinian state • Congress voices support for airstrikes, troops • Democrats criticize census bill, Census director criticized • Iran-Contra independent counsel suggests keeping the law • House approves $180 million for its committees • Anti-bigotry measure defeated after contentious House debate • Black-tailed prairie dog to be evaluated for endangered status • House approves $1.3 billion for Central America, farmers | ||||||||||||||||||||||||||||
