H 3129 Concurrent Resolution, By J. Brown, Lloyd and L.S. Whipper
 A Concurrent Resolution to declare that the Confederate Flag be removed from
 atop the State House.

   12/21/94  House  Prefiled
   12/21/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-47
   01/10/95  House  Referred to Committee on Judiciary HJ-47

A CONCURRENT RESOLUTION

TO DECLARE THAT THE CONFEDERATE FLAG 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 (alias battle flag) of the Confederate States of America, daily flown over the State House, 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 House through compulsory taxation; and

Whereas, the members of the General Assembly oppose the practice of flying the Confederate flag over the State House or any public property other than property dedicated exclusively to the function of a war memorial or museum, and, further, some 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 General Assembly feels that the Confederate flag should be permanently removed from atop the State House. Now, therefore,

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

That the General Assembly declares that the Confederate flag be removed from atop the State House.