S*0501 Concurrent Resolution, By A.S. Macaulay, Bryan, Courson, Drummond, 
H.U. Fielding, Giese, F. Gilbert, J.C. Hayes, R.L. Helmly, D.L. Hinds, 
C.T. Hinson, Holland, Land, Leatherman, Leventis, J.M. Long, I.E. Lourie, 
J.A. Martin, S.S. Martschink, Matthews, McConnell, McGill, T.W. Mitchell, Moore, 
M.F. Mullinax, O'Dell, Passailaigue, Patterson, Peeler, T.H. Pope, Reese, 
M.T. Rose, Russell, Saleeby, Setzler, R.C. Shealy, H.C. Smith, J.V. Smith, 
N.W. Smith, H.S. Stilwell, Thomas, J.M. Waddell, Washington, M.B. Williams and 
Wilson
 A Concurrent Resolution memorializing Congress to propose an amendment to the
 United States Constitution for ratification by the states specifying that
 Congress and the states may prohibit the physical desecration of the flag of
 the United States of America.

   01/17/91  Senate Introduced, adopted, sent to House SJ-8
   01/22/91  House  Introduced HJ-9
   01/22/91  House  Referred to Committee on Invitations and Memorial
                     Resolutions HJ-9
   01/30/91  House  Committee report: Favorable Invitations and
                     Memorial Resolutions HJ-4
   02/05/91  House  Adopted HJ-23
   02/05/91  House  Returned to Senate with concurrence HJ-23

February 5, 1991

S. 501

Introduced by SENATORS Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson

S. Printed 2/5/91--S.

Read the first time January 17, 1991.

A CONCURRENT RESOLUTION

MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR RATIFICATION BY THE STATES SPECIFYING THAT CONGRESS AND THE STATES MAY PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.

Whereas, although the right of free expression is part of the foundation of the United States Constitution, very carefully drawn limits on expression in specific instances have long been recognized as legitimate means of maintaining public safety and decency, as well as orderliness and productive value of public debate; and

Whereas, certain actions, although arguably related to one person's free expression, nevertheless raise issues concerning public decency, public peace, and the rights of expression and sacred values of others; and

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

Whereas, the American flag was most nobly born in the struggle for independence that began with "The Shot Heard `Round the World" on a bridge in Concord, Massachusetts; and

Whereas, in the War of 1812, the American flag stood boldly against foreign invasion, symbolized the stand of a young and brave nation against the mighty world power of that day, and, in its courageous resilience, inspired our national anthem; and

Whereas, in the Second World War the American flag was the banner that led the American battle against fascist imperialism from the depths of Pearl Harbor to the mountaintop on Iwo Jima and from defeat in North Africa's Kasserine Pass to victory in the streets of Hitler's Germany; and

Whereas, the American flag symbolizes the ideals for which good and decent people fought in Vietnam, often at the expense of their lives or at the cost of cruel condemnation upon their return home; and

Whereas, the American flag symbolizes the sacred values for which loyal Americans risked and often lost their lives in securing civil rights for all Americans, regardless of race, creed, or national origin; and

Whereas, the American flag 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 American flag was carried forth to the moon as a banner of goodwill, vision, and triumph on behalf of all mankind; and

Whereas, the American flag, even now, is the rallying flag for those of the world who would protect its people from the heinous crimes and inhumanity of a despotic ruler and is, for civilized nations, the symbol of resistance to this tyranny and oppression in the Middle East; and

Whereas, it is only fitting that the people should blend their voices in a forceful call for restoration to the Stars and Stripes of a proper station under law and decency. Now, therefore,

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

That the members of the General Assembly memorialize Congress to propose an amendment to the United States Constitution for ratification by the states specifying that Congress and the states may prohibit the physical desecration of the flag of the United States of America.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of this state's congressional delegation.