Letter to Senators Warner and Allen re: Flag Burning Amendment

March 15, 2004 Letter to Senators Warner and Allen


James Landrith
PO Box 8208
Alexandria, VA 22306-8208

March 15, 2004

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

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 protesters 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 protesters 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.

I look forward to hearing your thoughts on this very important issue.

Sincerely,

James Landrith

One comment

  1. April 1, 2004

    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.

    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

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