Legislators debate flag amendment

by Marisa Peters
Staff Writer

The stage is set in Congress for the fifth clash over the U.S. flag and the First Amendment.

Sens. Orrin Hatch, R-Utah, and Max Cleland, D-Ga., along with Reps. Randy "Duke" Cunningham, R-Calif., and John P. Murtha, D-Pa., introduced a Flag Protection Constitutional Amendment in March.

If passed, the amendment would allow Congress to make desecration of the flag illegal. If they did so, at least two-thirds of the states then would have to ratify the movement to make it official.

Contrasting views concerning the legality of desecrating the flag has resulted in congressional discussion four times in the past 12 years.

Harmony Allen, spokesperson for Cunningham, said most states seem to be in favor of the amendment, because most have state laws protecting the flag already. She said Cunningham is confident the amendment will pass this year.

"We think that we can do it this time," she said.

Margarita Tapia, spokesperson for Hatch, said he also is confident.

"We've got Democrats, Republicans, people from all over the country supporting (the amendment)," Tapia said.

Jillian Davis, a lawyer for the American Civil Liberties Union, said the ACLU is against the proposed amendment, because they believe it goes against the First Amendment.

"It totally flies in the face of the Supreme Court decision on the freedom of expression," she said. "We're certainly hoping it will again be defeated."

In 1989, the Supreme Court ruled in Johnson v. Texas that desecration of the flag was expressive conduct. This ruling made arresting people for doing so unconstitutional.

The conviction of Gregory Lee Johnson, who was arrested in Texas for burning a flag, was overturned. Since then, desecration of the flag has remained legal despite attempts to change the law.

American Legion spokesperson Steve Thomas said the legion supports the proposed amendment and that it would not infringe upon free speech.

"The flag was protected by state and federal law for a century," he said. "That argument doesn't hold water in the historical context."

But Davis said the amendment would give the flag itself more status than it should have.

"By consecrating the flag, I think you're raising the symbol and giving it a more important place than the freedoms it represents," Davis said. "The symbol takes the abuse to protect the principles it expresses."

In the House, Allen said the bill currently is in committee.

Tapia said the bill also is in Senate Committee and has 45 co-sponsors in Senate. She said it has 130 co-sponsors in the House.

Allen said she does not think the amendment has been changed from previous years, and therefore is not more likely to pass.

Both Sen. Mike Dewine. R-Ohio, and Rep. Ted Strickland, D-Lucasville, have supported similar bills in the past.