May 7, 2003
Letter to Senators Warner and Allen
and Representative Moran
Letter to Senators Warner and Allen
and Representative Moran
PO Box 8208
Alexandria, VA 22306-8208
May 7, 2003
The Honorable John William Warner
United States Senate
225 Russell Senate Office Building
Washington, DC 20510-4601
The Honorable George F. Allen
United States Senate
204 Russell Senate Office Building
Washington, DC 20510-4604
The Honorable James P. Moran
U.S House of Representatives
2239 Rayburn House Office Building
Washington, DC 20515-4608
Dear Senators Warner and Allen and Representative Moran:
As your constituent, I urge you to oppose HJ Res. 4/SJ Res. 4, a constitutional amendment to ban desecration of the flag. This legislation would undermine the very principles for which the American flag stands.
While flag burning is rare, it can be a powerful and important form of free speech. In fact, the proposed constitutional amendment would do irreparable harm to our right to free speech and undermine the very principles for which the American flag stands. Those who favor the proposed amendment say they do so in honor of the flag. But in proposing to unravel the First Amendment, they desecrate what the flag represents, and what millions of Americans have died to defend.
Jailing protesters is common under authoritarian regimes, not in America. I read that two young protestors in Hong Kong were arrested for burning the Chinese flag after mainland China took over control of the island nation. Cuban courts commonly jail dissidents who “dishonor” the Cuban flag. While jailing protestors might be common in totalitarian regimes, Americans expect — and indeed have put their lives on the line — to ensure that our right to free speech is not abridged.
Do not amend the First Amendment for the first time in history. As a former Marine with six years of active duty service to my nation, I trust you will do the right thing and honor my service by protecting free speech. Anything less is an insult to those who sacrificied their liberty and lives in support and defense of the Constitution. Please oppose any effort to ban flag desecration. I look forward to hearing your thoughts on this very important issue.
Sincerely,
James Landrith
May 21, 2003
Mr. James Landrith
P.O. Box 8208
Alexandria, Virginia 22306-8208
Dear Mr. Landrith:
Thank you for contacting my office concerning a proposed amendment to the Constitution that would allow the Congress to pass legislation to protect the American flag from acts of physical desecration.
As you may know, the Supreme Court has ruled that a federal law to outlaw acts of desecration to the American flag was unconstitutional. To address this ruling, I have cosponsored S.J.Res.4, which was introduced on January 16, 2003. This resolution proposes a constitutional amendment that would give the Congress the authority to prohibit the physical desecration of the American flag.
In addition, on August 1, 2002, Senator Mitch McConnell (R-KY) introduced $.2894, the Flag Protection Act. This legislation would prohibit the desecration of the U.S. flag with the intent to produce imminent violence. No further action was taken on this legislation before the 107th Congress adjourned, and no similar legislation has been introduced for consideration in this 108th Congress.
I believe that the flag, as the unique symbol of our country, is deserving of special protection. Throughout our history, in every generation, Americans have marched into battle under the flag of the United States, many making the ultimate sacrifice. The memory and honor of those who have fought under that flag demands that the flag be protected.
Four current Supreme Court Justices agree with this position, and former
Chief Justice Warren E. Burger also stated publicly that the flag should be protected from physical desecration. Nevertheless, as this issue remains before the American people, we must take care not to question the integrity or the patriotism of the people of good will who have strong convictions on both sides of this issue.
Again, thank you for giving me the benefit of your views on this important issue.
With kind regards, I am
Sincerely,
John Warner
JW/jsf
June 2, 2003
Mr. James Landrith
PO Box 8208
Alexandria, Virginia 22306
Dear Mr. Landrith:
Thank you for contacting my office and sharing your thoughts regarding the proposed Constitutional Amendment to prohibit the desecration of the United States flag.
While I believe flag burning is deplorable, I have concluded that an amendment to the Constitution preventing it runs contrary to the First Amendment, which has never been amended in our nation’s history. Enclosed are the remarks I made when this issue was last debated before the full House.
Please feel free to visit my website at http://www.house.gov/moran which contains information on topics that may be of interest to you. Thank you again for contacting me on this important issue.
Yours truly,
James P. Moran
JPM/intl Enclosure
—————————————-
Moran Speaks on House Floor Against Flag Burning Amendment
Washington, D.C., July 18 — The following is the text of Congressman Jim Moran’s (VA 08) floor statement from Tuesday regarding H.J. Res. 36, the Flag Protection Constitutional Amendment.
Mr. Speaker, I rise in opposition to this well-intentioned amendment. When I was first elected to the House, I cosponsored the flag burning amendment. I did so for many of the same reasons that proponents of the amendment have expressed today. It is disturbing to think of someone burning the flag of the United States. It is an action that holds in contempt the greatness of this Nation and all those who gave up their lives defending this symbol of freedom that our flag represents. It is an act for cowards.
And yet looking back, I was moved by my heart more than my head. History informs us that the strength of America is derived from its basic ideals, one of the most important of which is tolerance for the full expression of ideas, even the most obnoxious ones.
For more than 2 centuries, the first amendment to the Constitution has safeguarded the right of our people to write or publish almost anything without interference, to practice their religion freely and to protest against the Government in almost every way imaginable. It is a sign of our strength that, unlike so many repressive nations on earth, ours is a country with a constitution and a body of laws that accommodates a wide ranging public debate. We must not become the first Congress in U.Ş. history to chill public debate by tampering with the first amendment.
Mr. Speaker, H.L. Mencken once said, “The trouble with fighting for human freedom is that one spends most of one’s time defending scoundrels, for it is against scoundrels that oppressive laws are first aimed. And oppression must be stopped at the beginning if it is to be stopped at all.” Flag burners are generally scoundrels. On that much we would agree. But we ought not give them any more attention than they deserve.
Mr. Speaker, former Senator Chuck Robb sacrificed his political career by doing such things as voting against this amendment in order to defend the very freedoms that the American flag represents.
In his Senate floor statement last year, he described how he had been prepared to give up his life in the Vietnam War in order to protect the very freedoms that this constitutional amendment would suppress. He did wind up giving up his political career by showing the courage to vote against this amendment.
Not having fought in a war, I should do no less than Senator Robb did in defense of the freedom he and so many of my peers were willing to defend with their lives.
This amendment should be defeated. I think the substitute amendment is appropriate. It should be supported. But this amendment should be defeated in our national interest, regardless of the consequences to our personal and political interests.
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