curfew violation and desecrating a flag and were released to the parents. The flag was retrieved from the container and placed into evidence. 6/19/97 Beacon News, Aurora, IL

July 4, 1997.-Springfield, IL: Stealing an American Flag was how one guy celebrated the Fourth of July in downtown Springfield. Passers-by who saw a man cut the rope on the Federal Building flag pole and haul down the flag about 9 p.m. called police. Officers caught up with 40-year-old William G. Howard, at Second and Monroe Streets, with the wadded-up flag at his feet. Howard was jailed on charges of criminal damage to government property, theft and flag desecration. 7/9/97 The State Journal-Register, Springfield, IL

July 5, 1997.-Massillon, OH: Authorities are trying to determine whether they can charge an Alliance teenager who burned an American Flag after a Fourth of July observance. Court officials forwarded all paperwork involving the case of Kristina Koch, 17, to the county prosecutor's office for research. Koch set the flag on fire at about 12:30 a.m. shortly after Massillon's day-long, July 4 "Party in the Park" celebration had ended. Police Chief Mark D. Weldon said she was setting fire to the flag and then twirling it above her head when an off-duty police officer drove nearby. The officer stopped his car and showed her his badge, telling her, "I won't allow you to burn my flag." The chief said a report of the incident said that Koch told the officer she burned the flag "because she could." The only law she could be in violation of is the local curfew law, which she violated by 30 minutes. 6/9/97 Akron Beacon Journal

July 16, 1997.-Wallingford, CT: Police charged 17-year-old Jeffrey Bartlett with setting fire to two American Flags and said he may be responsible for 10 flag burnings that have angered and frustrated residents since April. He was charged with reckless burning and criminal attempt to commit reckless burning for burning flags at Church and Main Streets overnight. Bartlett made $5,000 bail and is due in Meriden Superior Court on August 25. Two more teenagers are suspects and may also be charged, police said. Bartlett is also suspected of setting fire to another halfdozen flags in the downtown area in April and May. Police said Bartlett had a motive for burning the flags, but police won't say just yet what it is. They will say it is not a prank. 8/9/97 Record-Journal, Meriden, CT

September 20, 1997.-Humboldt, NE: On Nemaha Street, Mr. Andy Rue received a disturbing call that his flag had been burned and there was nothing left but ashes on the ground by the pole. A few minutes later, a passerby told Mr. Rue that he saw two young men running near an alley across the street from the Rue residence. The passerby did not recognize the men, nor did he put two-and-two together until he thought about the burning flag later. Deputy Goldsberry of the local police said this will be "booked as an Arson case." 9/25/97 The Humboldt Standard, Humboldt, Nebraska

November 26, 1997.-Lawrence County, OH: An American Flag and staff were set on fire about 10 p.m. at the Macedonia Baptist Church on County Road 20 North in South_Point. The fire damaged the floor of the church. The Lawrence County Sheriff's Department has reported this as arson, and also said the church does not conduct regular services. (The last service was Sept. 28.) No arrests have been made. 11/30/97 The Herald-Dispatch, Huntington, West Virginia

January 1, 1998.-Fresno, CA: a group of about 10 people wearing masks burned a U.S. Flag in front of Fresno City Hall to protest the nation's "contribution" of guns to a massacre in Mexico. Representing a movement called the Nation of Aztlan, they said the flag burning was dedicated to the people of Chiapas, Mexico, 45 of whom were killed in the Dec. 22, 1997 massacre. Sighting the U.S. Flag is a symbol of murder, drugs and rape, they stated this incident is "about the seventh flag we've burned publicly." 1/2/98 The Fresno Bee, Fresno, California

Mr. Chairman, on behalf of my home state of South Carolina I urge you to send a signal to the American people. Let them know that you have heard their voice. Let them know that this is still a government of, by and for The People. Lend your voice of support to S.J. Res. 40.

PREPARED STATEMENT OF TOM GENTILCORE, CHAIRMAN CITIZENS FLAG ALLIANCE
STATE OF ALABAMA

Chairman Hatch and Members of this Committee, thank you for holding this hearing on S.J. Res. 40, a proposed constitutional amendment to protect the American flag from physical desecration. As the Citizens Flag Alliance (CFA) Chairman for the State of Alabama and as an American, it is a honor to submit testimony. Just two years ago, in June 1996, an American Flag was burned by an audience member during a performance by the "Kevorkian Skull Poets," at the City Stages

Festival in Birmingham. The act conveyed no message, it stated no opinion, it was simply an act of violence. But, because we are told such behavior is protected "speech," we must stand by and allow this ugly conduct to go on without recourse. The citizens of Alabama, as well as the 126 organizations and their 20 million members which comprise the Citizen's Flag Alliance, believe this is wrong. That is the reason we want to have Congress pass a proposed constitutional amendment to prohibit the physical desecration of the American flag. The movement to protect the flag was originated by ordinary average Americans who believe flag desecration is just plain wrong and adamantly disagree with the 1989 U.S. Supreme Court's ruling in Texas v. Johnson.

Simply put, this issue is about democracy. Mr. Chairman, the American people have spoken in a deafening voice; there are just some elected officials who refuse to listen. Currently, 49 state legislatures, including Alabama, have passed memorial resolutions instructing Congress to send an amendment to the states for ratification. A constitutional amendment to protect the flag from physical desecration is the only way to overturn the Supreme Court's decision. We the people have no other legal

recourse.

Those who say physical desecration is not a problem, do not really understand the situation. This is an issue of values; what is right and what is wrong. Freedom of speech is a constitutional privilege granted to everyone in America, but there are clearly established exceptions. The Constitution does not authorize absolute freedom of speech by design. Limits are placed to protect the rights of other citizens. Repeatedly Courts have upheld these limits, such as libel, slander, disturbing the peace just to name a few. Every personal freedom granted by the Constitution also entails exercising that privilege in a responsible manner.

Many of the organizations represented in the CFA work closely with young people. Helping them to prepare to be model citizens is challenging enough without having to deal with mixed messages. We teach them flag etiquette, but the U.S. Supreme Court says that the physical desecration of the flag is protected freedom of expression under the First Amendment. We teach them America is a government of the people, yet the will of the people is reversed by all three branches of the government: the Supreme Court's 1989 decision in Texas v. Johnson overturned flag desecration laws in 48 States, the District of Columbia and the Flag Protection Act passed by Congress; the Senate failed to pass a constitutional amendment that overwhelmingly passed in the House (312-120); and the President of the United States openly supports the Supreme Court's decision, although as Governor of Arkansas supported a memorial resolution asking Congress to send a flag protection amendment to the States for ratification.

Members of this Committee, as the CFA Chairman for the State of Alabama, I urge you to pass S.J. Res. 40 and allow the American people to have a say in how they want to be governed. Thank you for this opportunity to participate in the democratic process.

PREPARED STATEMENT OF RUSSELL HANSETER, WISCONSIN CO-CHAIRMAN OF THE

CITIZENS FLAG ALLIANCE

Mr. Chairman and Members of the Judiciary Committee, it is a privilege for me, as Co-Chairman of the Citizens Flag Alliance of Wisconsin, to present testimony in support of a proposed constitutional amendment to prohibit the physical desecration of the American flag. As this is written, I've cause to think back just over one year ago when the State of Wisconsin was reminded of a truly vulgar episode of physical desecration of the Flag of the United States.

On March 10, 1997, a seventeen-year-old man from Appleton, Wisconsin, appeared in an Appleton court. He had earlier stolen an American flag from a municipal golf course clubhouse, defecated on that flag, then left the soiled flag on the clubhouse steps so that it would be noticed. The young man was charged under Wisconsin's 1919 flag desecration law, but the charge was dropped when a Wisconsin circuit court ruled the act of defecating on the flag was an expression of free speech. What is striking about this case, aside from the singular repugnance of the act itself, is the blurring, yet again, of the line between speech and conduct.

Is defecation on an American flag really free speech? Ironically, if the Appleton teen had simply defecated on the steps of the clubhouse, he might well have been arrested for that alone. Sadly, by incorporating a flag into his vile actions, he somehow "elevated" his disgusting conduct to the realm of free speech. Needless to say the citizens of Appleton and surrounding area were appalled by the legal deed, the legal defense and the legal decision.

Mr. Chairman, the people of Wisconsin take exception to this ruling, but are forced to tolerate this unacceptable behavior because of the 1989 U.S. Supreme Court ruling in Texas vs. Johnson. This is a line the Citizens Flag Alliance has been trying to hold since the ill-conceived 5-4 Supreme Court decision.

The CFA represents over 20 million Americans in 126 grassroots organizations. Its goal is to have Congress pass a proposed constitutional amendment to protect "Old Glory." Unlike other proposed constitutional amendments recently debated in Congress, S.J. Res. 40 has an abundance of support from the American people. Polls taken in Wisconsin reveal 78 percent of those surveyed favor flag protection; and 82 percent say the people should have the right to decide the question of flag protection. In addition, 49 state legislatures passed memorializing resolutions petitioning the Congress to send a flag amendment to the states for ratification. I do hope the Senate will listen and let "We the people" decide this issue.

In the First Session of the 105th Congress, a similar measure, H.J. Res. 54, passed the House of Representatives with 310 votes. This movement will not go away. A constitutional amendment to protect the flag from physical desecration is the only way to overturn the infamous Supreme Court decision in Texas vs. Johnson. Even Congress took exception to the Supreme Court's ruling and responded by passing the Flag Protection Act of 1989 by a super majority in each chamber. Unfortunately, this federal statute was declared unconstitutional by the Supreme Court in 1990.

Members of this Committee, as the recent defecation in Wisconsin illustrates, there is a need to protect the American flag from physical desecration and clarify the distorted definition between free speech and unacceptable behavior. Your Subcommittee on the Constitution, Federalism and Property Rights has forwarded this issue with a favorable recommendation and I encourage your favorable action as well. The Senate has a responsibility to pass S.J. Res. 40 and allow the American people to have a say in how they want to be governed. Thank you.

PREPARED STATEMENT OF TED N. MALLOW, CO-CHAIRMAN, CITIZENS FLAG ALLIANCE STATE OF WISCONSIN

Mr. Chairman and members of the Judiciary Committee I appreciate your holding these hearings on this important issue and for providing me this opportunity to submit written testimony in support of S.J. Res. 40. As the Co-Chairman of the Citizens Flag Alliance for the state of Wisconsin, I deem it a great privilege.

Recent editorial letters against this effort have included one by a Legionnaire from Wisconsin and a Past National Commander of The American Legion, an organization which is a primary founder of the Citizens Flag Alliance. While it is regretful he has taken such a position, he is just one individual and does not speak for the organization and it's 2.8 million members or the eighty percent of Wisconsonites who do support a constitutional amendment to protect the flag from physical desecration. I take this opportunity to address a number of misconceptions implied in these editorials.

It has been stated that protecting the flag from physical desecration is an attack on the First Amendment. In fact, just the opposite is true. It is an effort to restore the First Amendment to the original meaning and principle of free speech. It simply cannot be seriously argued that protection of our flag from physical desecration impairs the First Amendment's principle of free speech. Protecting the flag does not prevent a single idea from being expressed. It involves no censorship of an idea. The amendment prevents conduct with respect to one unique object, the Flag of the United States.

There is no doubt in my mind that both Madison and Jefferson would support the amendment. Both fervently believed that common discourse was essential to our democracy and both held the flag in high esteem and deemed usurpation of the flag as an indignity demanding justice. On July 6, 1807 in a letter to James Monroe, Madison wrote: "the indignity offered to the sovereignty and flag of the nation demands ✶ ✶✶ an honorable reparation * (such as) an entire abolition of impressments from vessels under the flag of the United States * * *" Likewise, Jefferson as Secretary of State under George Washington instructed consuls to punish “usurpation of our flag."

I believe Madison and Jefferson would be leading the effort to reinstate the protection of the flag taken from the American people by the controversial 5 to 4 decision of the Supreme Court in 1989 which trashed over 200 years of flag protection laws that had been upheld by five previous Supreme Court decisions. It was this action which altered the principles of the First Amendment and set into motion the effort of the American people to correct the error of the Court. The Citizens Flag

Alliance leads this effort and is a coalition of 126 fraternal, civic, veterans, minority and business organizations, not just veterans as many editors have suggested. It includes such diverse groups as the Fraternal Order of Police, National Grange, Benevolent & Protective Order of the Elks, The American Legion, Gold Star Wives and the African-American Women's Clergy Association.

Frequency of such bizarre behavior, as many have suggested, is not at issue here. Our laws are based on right or wrong-and it is wrong to desecrate the flag. Flag burning has never been widespread in our society, but there have been over 60 documented flag desecrations since the CFA was formed in 1994. As flag burning advocates are wont to do, they obscure the issue with a flurry of flag etiquette references-T-shirts, pants, purses, paper plates and the like questioning just what is a flag. Ask a sixth grader. They'll tell you what a flag is. In doubt? Ask someone to salute the flag on that T-shirt, or pledge their allegiance to that paper plate. You'll be laughed at, if not ridiculed.

The amendment currently being considered by the Senate in S.J. Res. 40 simply says: "Congress shall have power to prohibit the physical desecration of the flag of the United States." This measure has the support of eighty percent of the American people, 49 state legislatures (including Wisconsin), the House of Representatives (passed by a super majority vote in both 1995 and 1997) and 61 cosponsors in the Senate. What keeps the issue from the American people are a handful of Senators who have yet to indicate their support.

Finally, as a veteran, I do agree with those who suggest my service in the military was to protect the principles of our democracy. It was for these principles our government was formed and our Constitution established, where it is stated in the Preamble "* ** to form a more perfect Union * * insure domestic Tranquillity The violent acts of flag desecration, however, can hardly be considered tranquil and I am insulted, as are most Americans, by the suggestion that such violence is to be tolerated in the name of any principle I am expected to live by in America. A constitutional amendment to protect the flag, however, is truly about free speech-the most precious speech of all. It's about the right of the people to speak and be heard and heeded on an issue of great importance to them, and it is the responsible thing to do. I respectfully request your support of S.J. Res. 40 and encourage your continued support when it is taken up by the full Senate. Let the people decide.

PREPARED STATEMENT OF LEO MCKERNAN, CHAIRMAN, THE CITIZENS FLAG

ALLIANCE, STATE OF NEW JERSEY

Mr. Chairman and members of the Committee, I am honored to submit testimony to this distinguished body on an issue so dear to me and other residents of New Jersey; the legal protection for the American flag. In February, Senators Hatch and Cleland introduced 3.J. Res. 40, a simply proposed constitutional amendment which reads: Congress shall have power to prohibit the physical desecration of the flag of the United States.

This bill gives back to Americans something that was taken away from them by a United States Supreme Court ruling in June 1989; the right to prohibit the physical desecration of the American flag. Until that 5-4 decision, 48 States had enforceable laws to protect the flag from wanton misconduct. Congress tried to correct the decision, but the Court ruled the federal statute to be unconstitutional also. Therefore, since the Court's interpretation of the U.S. Constitution deemed the physical desecration of the national banner as an expression of free speech, no other recourse has been left but to clearly declare, by amending the Constitution, that the flag of the United States can be protected. Nowhere in the Constitution is the flag even mentioned. The American flag was created by Congress and the United States Flag Code is contained in Title 36, Chapter 10, paragraphs 170-178 of the United States Code.

I volunteered to serve as the State Chairman for the Citizens Flag Alliance (CFA), because I believe this issue is critical to the future generations of Americans. This is a values issue; an issue of right and wrong. The First Amendment to the Constitution, as it relates to free speech, says "Congress shall make no laws abridging the freedom of speech The Courts tells us what acts of expression fall under the word "speech." Those who say we are trying to change the First Amendment are wrong. We are merely challenging an interpretation by the Court and asking Congress to let the people decide whether the physical desecration of the American flag should be permitted as an expression of free speech.

There are plenty of acts of expression that do not fall within the parameters of protected speech. Freedom of speech was never intended to be interpreted as "absolute." Every freedom is accompanied by responsibilities and good judgment. Law

must be invoked when there is blatant abuse of rights and privileges. Slander and libel are clear examples of "stepping over the line."

There are 126 diverse, grassroots organizations which form the Citizens Flag Alliance, whose sole purpose is to lobby Congress and their State Legislatures to amend the Constitution. Citizens Flag Alliance's 20 million members will not allow this issue to go away, since numerous national surveys indicate that 78 percent of Americans favor flag protection and 82 percent say the people should have the right to decide the question of flag protection through ratification. In fact, 49 of the 50 state legislatures have passed memorial_resolutions petitioning Congress to send the flag amendment to the states. New Jersey's memorial resolution was passed unanimously in its Senate and had only one dissenting vote in its Assembly.

Mr. Chairman, the flag is a national treasure and should be treated as such. In the First Session of the 105th Congress, the flag amendment faced a floor vote in the House of Representatives. They voted overwhelmingly 310-114 in support, just as they did in 1995 (312-120). I would like to proudly add, that 12 of the 13 House Members from New Jersey voted "yes" on H.J. Res. 54. We hope that our two Senators, Lautenberg and Torricelli, will likewise lend their support to the measure now before you.

Amending the U.S. Constitution is a very serious undertaking, but a very necessary one. This is a government which belongs to the people. The American people have a right to redress their grievances. They have done so with letters to their elected officials and the media; with national surveys and petition drives; and with forming a national coalition with a single, dedicated focus. They have tolerated unpunishable acts of physical desecration, by using the democratic process of voting and lobbying their elected officials at the state and national levels. Together concerned citizens have kept this single issue in the forefront of the American psyche. Thank you for the opportunity to submit testimony on behalf of the Citizens Flag Alliance from the State of New Jersey.

PREPARED STATEMENT OF RALPH J. REEL, CHAIRMAN, CITIZENS FLAG ALLIANCE FOR THE STATE OF TENNESSEE

Mr. Chairman, and members of the subcommittee, it gives me great pleasure to submit_testimony to this distinguished body regarding such an important issue to me and other residents of the State of Tennessee. S.J. Res. 40 was introduced in February by Senators Hatch (Utah) and Cleland (Georgia) with 60 (now 61) original co-sponsors. I am pleased Senators Thompson and Frist from Tennessee were listed among those who cosponsored S.J. Res. 40. I am also pleased to report the House of Representatives companion bill, H.J. Res. 54, was supported by eight of the nine Representatives from Tennessee in the overwhelming majority vote of 310-114.

The only common personality traits about these co-sponsors and supporters is that they are Members of the United States Congress and Americans. You see, this is not a veterans' issue, a political issue, a religious issue, a racial issue, or a budgetary issue; it is an American issue. This proposed initiative would amend the Constitution to prohibit acts of physical desecration of the American Flag. The wording of the amendment is quite simple: Congress shall have power to prohibit the physical desecration of the flag of the United States.

Every Member of Congress that I have heard address this issue since 1989, starts off by saying how much they deplore the acts of physical desecration of the national banner. Every amendment opponent from the American Civil Liberties Union (ACLU) and the American Bar Association (ABA) that I have heard address this issue has said the same thing. The only people I haven't heard in a public forum are those who actually physically desecrate the flag of the United States. Representatives from the ACLU or their legal counsel normally speak on their behalf. I just find it ironic that when given the opportunity to "speak" someone else does it for them.

An overwhelming majority of the American people abhor these acts of flag desecration, and have expressed their desire to see an amendment to the Constitution to put an end to these unconscionable, but "legal" acts. Gallup surveys indicate that 78 percent of the American people favor flag protection, and 82 percent say the people should have the right to decide the question of flag protection through ratifica

tion.

Local state lawmakers have responded by passing memorial resolutions in 49 of the 50 state legislatures petitioning Congress to send the amendment to the States. In 1990, the Tennessee State legislature was one of the states who passed this measure. It was hard work, but dedication, perseverance and commitment paid off. We faced each setback with optimism and renewed determinism. Those who pre