S 0340 Concurrent Resolution, By Elliott
 A Concurrent Resolution urging the Congressional Delegation of this State to
 propose an amendment to the United States Constitution, for ratification by
 the States, specifying that Congress and the States shall have the power,
 consistent with the American Legal System of Freedom of Expression, to
 prohibit wanton destruction of the Flag of the United States of America.

   01/10/95  Senate Introduced SJ-144
   01/10/95  Senate Referred to Committee on Judiciary
   03/08/95  Senate Committee report: Favorable Judiciary SJ-14
   03/09/95  Senate Adopted, sent to House SJ-24
   03/14/95  House  Introduced HJ-127
   03/14/95  House  Referred to Committee on Invitations and Memorial
                     Resolutions HJ-127

March 8, 1995

S. 340

S. Printed 3/8/95--S.

Read the first time January 10, 1995.

To whom was referred a Concurrent Resolution (S. 340), urging the Congressional Delegation of this State to propose an amendment to the United States Constitution, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

ADDISON GRAVES WILSON, for Committee.

A CONCURRENT RESOLUTION

URGING THE CONGRESSIONAL DELEGATION OF THIS STATE TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION, FOR RATIFICATION BY THE STATES, SPECIFYING THAT CONGRESS AND THE STATES SHALL HAVE THE POWER, CONSISTENT WITH THE AMERICAN LEGAL SYSTEM OF FREEDOM OF EXPRESSION, TO PROHIBIT WANTON DESTRUCTION OF THE FLAG OF THE UNITED STATES OF AMERICA.

Whereas, the flag of the United States of America is a most honorable and worthy banner of a nation which is thankful for its strengths and committed to curing its faults and remains the destination of millions of immigrants attracted by the universal power of the American ideal; and

Whereas, the right of free speech contained in the First Amendment to the United States Constitution is one of the basic rights which has contributed to the flourishing of democracy under the banner of the American flag; and

Whereas, the Supreme Court of the United States, in interpreting the First Amendment and promulgating our system of free expression, has recognized that certain forms of speech or expressive conduct are not entitled to the full protection of the First Amendment and that other forms of speech or expressive conduct, while afforded protection by the First Amendment, can nevertheless be regulated or prohibited because they are likely to provoke imminent unlawful confrontation and public disorder; and

Whereas, there are symbols of our national soul such as the Washington Monument, the United States Capitol Building, the Tomb of the Unknown Soldier, the Vietnam Memorial, and memorials to our greatest leaders which belong to every American and are, therefore, worthy of protection from desecration and dishonor; and

Whereas, the American flag is likewise part of the pantheon of national treasures which are emblematic of the ideals and values of this most noble experiment of a nation-state; and

Whereas, the wanton destruction of the American flag is repugnant to most Americans, especially those who have fought and sacrificed on behalf of this great country, and is viewed by many as an assault on our nation and its ideals. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina, by this resolution, urges the Congressional Delegation of this State to propose an amendment to the United States Constitution, for ratification by the states, specifying that Congress and the states shall have the power, consistent with the American legal system of freedom of expression, to prohibit wanton destruction of the flag of the United States of America.

Be it further resolved that a copy of this resolution be forwarded to each member of this State's Congressional Delegation at Washington, D.C.