The Symbol of Freedom and Democracy

The Symbol of Freedom and Democracy
By Tom Cole

America is a very diverse society where few ideas and beliefs are shared by everyone. The elements of debate and free speech are quintessential, but one thing we do not differ on is our respect for our country and our soldiers. Our flag is a symbol of our freedom and democracy. It represents the ideals our country was founded upon and the brave men and women who have fought for peace and security. Our pride and respect for our nation should not be defaced or trivialized by desecration of the symbol of our free nation.

In response to numerous flag burnings during the Vietnam War, Congress passed the first Flag Protection Act. But in 1989 the U.S. Supreme Court ruled that burning the U.S. flag, as part of a political demonstration, was expressive conduct protected by the First Amendment. Since then neither the states nor the federal government have been able to prohibit the desecration of the flag. During this session of Congress, I voted to amend the Constitution of the United States to enable Congress to prohibit the physical desecration of the U.S. flag. The Flag Protection Amendment (H.J Res. 4) passed the House with a bipartisan vote of 300-125. During the last four Congresses, the House has passed legislation giving Congress the power to prohibit U.S. flag desecration, but the Senate has failed to pass the legislation.

All 50 state legislatures have passed resolutions calling for this amendment to the Constitution and it is widely supported by the public. Adopting an amendment to the constitution is not be an easy task, but I believe this is an important cause. There are two ways to propose an amendment to the U.S. Constitution. The first method is for a bill to pass both the U.S. House of Representatives and the U.S. Senate by a 2/3 majority. Then it has to be passed by 2/3 of the State Legislatures. The second method begins by 2/3 of State Legislatures calling for a Constitutional Convention. The amendments adopted by the Constitutional Convention must be adopted by 2/3 of the State Legislatures. In either method, the amendment is not subject to a presidential veto.

Free speech is important to all individuals and should continue to be upheld in the Constitution. It can be maintained without insulting our flag. Our nation's flag has been a symbol of hope and pride on many battlefields. It has inspired great courage and great sacrifice. Democrat Senator Zell Miller noted in a recent speech that "It is the soldier who salutes the flag, serves beneath the flag, whose coffin is draped by the flag who gives that protester the freedom he abuses to burn that flag." Our founding fathers probably never imagined a time when the U.S. flag would need protection from its citizens. But to uphold the integrity of the flag and the freedom it represents, I will continue to work with my colleagues to protect our flag from desecration.