WASHINGTON/ Conservative Monitor -- Representative Jo Ann Emerson of Missouri has brought to the attention of the House of Representatives her amendment that would make desecration of the American Flag punishable by criminal penalties. The amendment, then, would be a specific exception to the First Amendment to the U.S. Constitution that provides for free speech. Thus, if passed, laws punishing desecration of the U.S. flag could not be declared unconstitutional by courts because the ability to prohibit such acts would then be part of the U.S. Constitution.

The amendment states specifically: "The Congress and the States shall have power to prohibit the act of desecration of the flag of the United States and to set criminal penalties for that act."

The "Flag Amendment" has been voted out of a subcommittee of the house Judiciary Committee, and is scheduled for a debate and vote in the house of representatives in early July.

Co-sponsors of the bill include, Representatives Bachus, Barr, Callahan, Etheridge, Foley, Goodlatte, LoBiondo and Platts.

The ACLU is waging an active campaign against the amendment. In a May 24 press release, representatives for the organization said, "the American Civil Liberties Union...reiterated its strong disapproval of what it calls a misguided and counter-productive initiative."

As the battle between supporters and opponents heats up, both sides are working to wrap themselves in the cloak of patriotism. The ACLU is actively seeking military veterans to speak out against the amendment and are already quoting such noteworthy veterans as "former Senator John Glenn and Secretary of State Colin L. Powell".

American Legion spokesperson Steve Thomas was reported in the 12 April Athens Post as saying the legion supports the proposed amendment and that it (the amendment) would not infringe upon free speech (see note below). The Citizen's Flag Alliance reported a speech by Retired Maj. Gen. Patrick Brady on 13 March, "This is a values issue and the entire debate over values is centered on what we teach our children, Flag burning is wrong, but what it teaches is worse. It teaches our children disrespect. It teaches that the hateful conduct of a minority is more important than the will of the majority. It teaches that our laws need not reflect our values, and that the courts, not the people, own the Constitution."

The "Flag Amendment" has been introduced to the House of Representatives every year since at least 1995. Every year it has failed. In 1995 it was brought forward with considerable fanfare and public discourse. It actually passed by the required 2/3 majority in the House, but failed in the Senate.

Should both houses of Congress pass the Constitutional amendment, then 2/3 of the state legislatures would also have to pass it for it to become law.

Opponents of the amendment seem to be confident of its failure. As the ACLU noted in its press release, "In recent years its (the amendment's) margin of support in both the House and Senate have steadily dropped. During the 106th Congress, for example, two Senators who had previously supported the amendment -- Robert Byrd, D-WV, and Richard Bryan, D-NV -- changed their position and voted against the measure."

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Note 1:

Mr. Thomas of the American Legion wrote us regarding his quote in the Athens Post:

For future reference, the flag-protection constitutional amendment that The American Legion supports -- and that I thought the Athens reporter meant -- was the one that would read, "The Congress shall have power to prohibit the physical desecration of the flag of the United States."

This amendment, House Joint Res. 36, was introduced in the House in March by Reps. Cunningham and Murtha. (Sens. Hatch and Cleland introduced it in the Senate.)

When the House vote takes place this summer, please let the record show that the flag-protection amendment that the 2.8-million member American Legion supports is HJR 36. It has more than 200 co-sponsors and is expected to pass. Emerson's bill, on the other hand, has a relative handful of co-sponsors; the language is substantially different.

Thanks. Take care.

STEVE THOMAS
The American Legion
Washington