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JUNE 21, 1989 - By a 5-4 vote, the Supreme Court rules in Texas v. Johnson that burning the American flag is free speech protected under the First Amendment. This invalidates flag protection statutes in 48 states and in Washington, DC.

JULY-AUGUST 1989 – The American Legion and American Legion Auxiliary launch a petition drive to collect one million signatures of Americans demanding a flag amendment that will return to the people the right to protect the flag. The goal is reached within 60 days and the petitions are presented to Congress.

SEPTEMBER 5, 1989 - Delegates to The American Legion National Convention in Baltimore unanimously approve a resolution seeking adoption and ratification of a constitutional amendment that would return to the people the right to protect the flag. In the months that ensue, The Knights of Columbus, The Benevolent and Protective Order of Elks, the Scottish Rite of Freemasonry, the Veterans of Foreign Wars and many other organizations pass similar resolutions at their national meetings.

OCTOBER 12, 1989 – House and Senate adopt House Resolution 2978, the "Flag Protection Act of 1989,"

a federal statute, to protect the flag.

OCTOBER 28, 1989-HR 2978 becomes Public Law 101-131 and U.S. Flags are burned on the steps of the U.S. Capitol to protest enactment of the law.

FEBRUARY - MARCH 1990 – Federal judges in Seattle and Washington, DC rule PL 101-131, the Flag Protection Act of 1989, unconstitutional.

JUNE 11, 1990 - U.S. Supreme Court, in U.S. v. Eichman, rules PL 101-131 unconstitutional.

JUNE 21, 1990 – By a vote of 254-177, the House fails to obtain the two-thirds majority required to pass a constitutional amendment that would return to the people the right to protect the flag.

JUNE 26, 1990 – By a vote of 58-42, the Senate fails to obtain two-thirds majority for the flag amendment.

FOR THE REMAINDER OF 1990 – The American Legion focuses on memorializing resolution campaigns in the states. The non-binding resolutions urge the Congress to adopt an amendment allowing "Congress and the states” to enact and enforce flag-protection laws.

AUGUST 25, 1992 – Presidential candidate Bill Clinton tells The American Legion National Convention delegates in Chicago that he opposes flag burning and leaves the impression that he would support a flag-protection constitutional amendment that would return to the people the right to protect the flag. "In 1989, when the flag burning controversy arose, I joined with The American Legion in taking steps to react. I signed legislation outlawing flag burning or defacing the flag, but I also wanted to stop flag burning before it starts. So, together with The American Legion, we established one of the finest flag education programs in the country. Volunteers of

The American Legion and other veterans groups launched an all-out assault on our grade schools, instilling in our young students the deep patriotism which gives us a lump in our throat and a stir in our hearts when we see Old Glory go up the flag pole. I am proud of my record in support of our veterans."

THROUGHOUT 1992 AND 1993 – Memorializing resolution campaign gains steam. By the end of 1993, 35 state legislatures have approved resolutions. Gallup Organization polls show overwhelming public support for an amendment that would return to the people the right to protect the flag.

MAY 1994 --The American Legion approves a resolution authorizing the funding of The Citizens Flag Alliance, Inc. (CFA). CFA is chartered in Virginia as a 501(c) 4 corporation. To promote the flag amendment and flag education, the CFA seeks membership of other civic, social, veterans and fraternal organizations. The CFA organizes in all 50 states and the membership grows to 112 member organizations by December 1995.

AUGUST 24-26, 1994 – CFA convenes a constitutional scholars' forum at Williamsburg, VA to determine the underlying merit and political viability of the many options available to prevent the public dishonoring of the American Flag. Prof. Arthur Miller of Harvard University School of Law moderates the forum that is attended by scholars from the nation's finest legal institutions, advocacy groups and public policy research organizations. To ensure an accurate breadth of ideological input, the forum is evenly divided between scholars supporting and opposing a flag amendment.

MARCH 21, 1995 - Senators Orrin Hatch (R-Utah) and Howell Heflin (D-Ala.) introduce Senate Joint Resolution 31, calling for a constitutional amendment that reads "The Congress and the states shall have power to prohibit the physical desecration of the flag of the United States." Representatives Gerald Solomon (R-N.Y.) and G. V. "Sonny" Montgomery (D-Miss.) introduce HJR 79, the same resolution, in the House of Representatives.

JUNE 6, 1995 - Assistant Attorney General for Legal Counsel Walter Dellinger testifies before Senate Judiciary Committee and says President Clinton opposes the flag amendment that would return to the people the right to protect the flag.

JUNE 28, 1995 - HJR 79 clears House 312-120,

22 votes more than the 290 needed to pass the flag amendment.

JULY 20, 1995- SJR 31 passes Senate Judiciary

Committee, 12-6.

AUGUST 1995 - Fifty-six Senators are co-sponsors

of SJR 31.

DECEMBER 12, 1995 – Senate rejects SJR 31 by a vote of 63-36; the amendment fails by 3 votes.

JANUARY 1996 - CFA launches nationwide campaign

to tell citizens how their lawmakers voted on the flag amendment.

MARCH - NOVEMBER 1996 – CFA launches massive "Get Out the Vote" and public information effort. The nationwide campaign includes press events, voter registration and voter education drives.

NOVEMBER 1996 – Flag amendment supporters capture 25 of the 34 Senate seats and 290 plus House seats. The Citizens Flag Alliance reaffirms its flag amendment commitment.

FEBRUARY 13, 1997 - Reps. Gerald Solomon (R-N.Y.) and William O. Lipinski (D-III.) introduce into the 105th Congress House Joint Resolution 54, the flag amendment. CFA officials vigorously encourage member organizations and individuals to persuade their representatives to become co-sponsors.

APRIL 30, 1997 – The U.S. House of Representatives Judiciary Subcommittee on the Constitution holds hearing on HJR 54. Those testifying in favor of the amendment include Maribeth Seely, an elementary teacher from New Jersey; Francis Sweeney, Steamfitters Union, Pittsburgh, Pa.; Carol Van Kirk, member of the American Legion Auxiliary of Nebraska; Alan Lance, Idaho Attorney General; Harvard Law Professor Richard Parker; Major General Patrick H. Brady, Medal of Honor Recipient; and the Honorable Robert Zukowski, Wisconsin State Legislature.

JUNE 12, 1997 - HJR 54 passes House 310-114, 20 votes more than needed.

AUGUST 1997 - The so-called Citizens for the Constitution is formed to, in their words, "call attention to the adverse effects of fast-paced constitutional tinkering." They begin by creating eight "standards," which they claim are intended to address when and how the Constitution should be amended. They lobby Congress to adopt these standards that will govern how the amendment process should, in their opinion, unfold. (Note: Citizens for the Constitution has since dissolved.)

FEBRUARY 4, 1998 - Sens. Orrin Hatch (R-Utah) and Max Cleland (D-Ga.) introduce into the 105th Congress SJR 40 that reads “The Congress shall have power to prohibit the physical desecration of the flag of the United States." The amendment has 61 co-sponsors.

JULY 8, 1998 - Senate Judiciary Committee holds hearings on SJR 40. Those testifying in favor of the amendment that would return to the people the right to protect the flag include Tommy Lasorda, John Schneider and Harvard Law Professor Richard Parker.

OCTOBER 7, 1998 – Sen. Majority Leader Trent Lott brings SJR 40 to the floor of the U.S. Senate asking unanimous consent to proceed to debate and vote. Sens. Robert Kerrey (D-Neb.) and Patrick Leahy (D-Vt.) object to consideration of the resolution, citing lack of time to sufficiently debate the amendment. With that, the measure is lost in the 105th Congress.

NOVEMBER 4, 1998 – Election analysis indicates the CFA is a step closer to passage of the flag amendment in the U.S. Senate in the 106th Congress. Newly elected Senators who support the flag amendment include Sens. Blanche Lambert Lincoln (D-Ark.), Peter Fitzgerald (R-Ill.) and George Voinovich (R-Ohio). All three Senators replace incumbents who were on record as "no" votes, thus enhancing the amendment's chance for passage in the Senate.

FEBRUARY 24, 1999 - Reps. Randy “Duke" Cunningham (R-Calif.) and John Murtha (D-Pa.) introduce HJR 33, a constitutional amendment that reads, "The Congress shall have power to prohibit the physical desecration of the flag of the United States."

MARCH 17, 1999 – Sens. Orrin Hatch (R-Utah) and Max Cleland (D-Ga.) introduce SJR 14. The amendment has 54 co-sponsors. In all, 64 Senators pledge their support of the flag amendment. MARCH 23, 1999 - House Judiciary Subcommittee holds hearings on HJR 33. Witnesses testifying in favor of the amendment that would return to the people the right to protect the flag include Stephen Presser, Professor of Law at Northwestern University School of Law; Maj. Gen. Patrick H. Brady, USA (Ret.), Medal of Honor recipient and Chairman of the Board of The Citizens Flag Alliance, Inc.; Stephan Ross, a holocaust survivor who was liberated from Dachau by the U.S. Army; former Miss America, Shawntel Smith; and Bishop Carlton Pearson, the presiding Bishop for more than 500 churches and ministries throughout the Azusa Interdenominational Fellowship.

JUNE 24, 1999 - The U.S. House of Representatives passes HJR 33, 305-124, 15 votes more than needed for passage of a constitutional amendment.

MARCH 29, 2000 – SJR 14, the flag amendment, falls four short of the necessary 67 votes (63-37) in the United States Senate. The Citizens Flag Alliance notes deep disappointment in two Senators [Robert Byrd

(D-W. Va.) and Richard Bryan (D-Nev.)] whose support was withdrawn without notice at the last minute.

MARCH 13, 2001 – Reps. Randy Cunningham (R-Calif.) and John Murtha (D-Pa.) introduce HJR 36. Sens. Orrin Hatch (R-Utah) and Max Cleland (D-Ga.) introduce SJR 7.

JULY 17, 2001 – The flag amendment, HJR 36 passes the House, 298-125, for the fourth time in consecutive Congresses.

JANUARY 10, 2002 - The Vermont State legislature becomes the 50th state to pass a Memorial Resolution that calls on Congress to pass the flag amendment.

MARCH 13, 2002 - Results of polling, done to determine support for the amendment and released at a Washington, DC press conference, reveal a “new” group of strong supporters of the flag amendment. With 75 percent favoring the amendment that would return to the people the right to protect the flag, 18-24 year olds are the second most supportive - and "new" - age group. Only those respondents 65 and older are more pro flag at 85 percent.

JANUARY-DECEMBER 2002 – A change in Senate leadership gives amendment opponents control over

the destiny of the measure. It is held hostage through

the Second Session of the 107th Congress and never allowed on the floor.

DECEMBER 2002 - Results of the November mid-term elections reveals that more than 300 Representatives and 64 Senators who support the right of the people to protect the flag will take seats in the 108th Congress.

JANUARY 7, 2003 - On the opening day of the 108th Congress, flag amendment chief cosponsors John Murtha (D-Pa.) and Randy “Duke” Cunningham (R-Calif.) introduced HJR 4 that states, "The Congress shall have power to prohibit the physical desecration of the flag of the United States." Twenty-four colleagues joined them as cosponsors. The following week, on Jan. 15, Sens. Orrin Hatch (R-Utah) and Dianne Feinstein (D-Calif.) introduced an identical measure in the Senate. In addition to the two chief cosponsors, SJR 4 enjoys co-sponsorship from 41 other Senators.

MAY 7, 2003 - House Judiciary Subcommittee holds hearings on HJR 4. Witnesses testifying in favor of the flag amendment include Dr. Richard Parker, Professor of Law at Harvard Law School; Maj. Gen. Patrick H. Brady, USA (Ret.), Medal of Honor recipient and Chairman of the Board of The Citizens Flag Alliance, Inc.; and Lieutenant Antonio J. Scannella, New York/New Jersey Port Authority Police Department.

JUNE 3, 2003 – HJR 4, in a 300-125 vote, sails easily through the US House of Representatives for the fifth time in eight years. SJ Res. 4 is pending action

by the Senate with 64 supporters of record, 57 of which are cosponsors.

Fact and Fiction on The Right of the People to Protect Old Glory

FICTION: Burning the American flag is protected "speech" as defined by the First Amendment to the Constitution.

FACT: Flag burning is not speech as defined by our Founding Fathers in the First Amendment, which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

James Madison, who wrote the First Amendment, condemned flag burning as a crime. Thomas Jefferson agreed with Madison and made clear in his writings that "speech" in the First Amendment meant the spoken word, not expressive conduct. To say otherwise made freedom "of the press" a redundancy. In fact, the words "expression" and "expressive conduct" are not in the Bill of Rights, and for good reason. Activist judges have added them to the Constitution in order to promote their own political agenda.

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