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House OKs Flag Desecration Amendment

Almost in what couldn’t be better timing when put in the light of one of my earlier posts this month, here’s the latest from Washington’s Associated Press, with thanks to J. Pinckney for bringing it to my attention:

WASHINGTON - The House on Wednesday approved a constitutional amendment that would give Congress the power to ban desecration of the American flag, a measure that for the first time stands a chance of passing the Senate as well.

By a 286-130 vote, House members approved the amendment - as they have six times before - after a debate over whether such a ban would uphold or run afoul of the Constitution’s free-speech protections. The measure now advances to the Senate, where activists on both sides say it stands the best chance of passage in its 16-year history.

If the amendment wins two-thirds majorities in each chamber, it moves to the states for ratification.

Supporters said the measure reflected patriotism that deepened after the Sept. 11, 2001 terrorist attacks, and they accused detractors of being out of touch with public sentiment.

“Ask the men and women who stood on top of the (World) Trade Center,” said Rep. Randy (Duke) Cunningham, R-Calif. “Ask them and they will tell you: pass this amendment.”

But Rep. Jerrold Nadler, D-N.Y., said, “If the flag needs protection at all, it needs protection from members of Congress who value the symbol more than the freedoms that the flag represents.”

The measure was designed to overturn a 1989 decision by the Supreme Court, which ruled 5-4 that flag burning was a protected free-speech right. That ruling threw out a 1968 federal statute and flag-protection laws in 48 states. The law was a response to anti-Vietnam war protesters setting fire to the American flag at their demonstrations.

The proposed one-line amendment to the Constitution reads, “The Congress shall have power to prohibit the physical desecration of the flag of the United States.” For the language to be added to the Constitution, it must be approved not only by two-thirds of each chamber but also by 38 states within seven years.

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