H 3989 Concurrent Resolution, By Glover, K.E. Bailey, D.W. Beatty, J. Brown, 
Inabinett, Scott, C.Y. Waites, L.S. Whipper, J.M. White and D. Williams
 A Concurrent Resolution to declare that the Confederate Flag should be removed
 from atop the State House.

   05/09/91  House  Introduced HJ-8
   05/09/91  House  Referred to Committee on Judiciary HJ-8

A CONCURRENT RESOLUTION

TO DECLARE THAT THE CONFEDERATE FLAG SHOULD BE REMOVED FROM ATOP THE STATE HOUSE.

Whereas, freedom of expression is not a collective right of states or public institutions, but rather an individual right of each citizen, protected by the First and Fourteenth Amendments of the Constitution of the United States; and

Whereas, that right is unlawfully infringed, not only whenever a citizen is denied the freedom to peaceably express himself, but also whenever he is compelled to participate in any expression against his will; and

Whereas, the navy jack of the Confederate States of America, daily flown over the State Capitol, is not a duly adopted official banner of either the United States of America or the State of South Carolina and, therefore, is flown, not as an official representation of either, but rather as a form of symbolic speech or expression; and

Whereas, there are citizens of South Carolina who do not choose to participate in such expression and who find it contrary to their sincerely held religious and philosophical convictions and violative of their moral consciences to do so, but who are compelled to do so by virtue of their involuntary support of the State Capitol through compulsory taxation; and

Whereas, the members of the General Assembly oppose the practice of flying the Confederate flag over the State Capitol or any other public property, and further find this practice to be in violation of each citizen's Constitutional right to be free of the imposition of compulsory symbolic speech or expression; and

Whereas, the members call upon the General Assembly to permanently strike the Confederate flag from atop the State Capitol; and

Whereas, these members seek the support of other organizations and individuals who will join us in whatever legal action is necessary to halt this flagrantly unconstitutional practice of government officials in South Carolina. Now, therefore,

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

That the members of the General Assembly declare that the Confederate flag be removed from atop the State Capitol.