South Carolina General Assembly
109th Session, 1991-1992

Bill 3989


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3989
Primary Sponsor:                Glover
Committee Number:               25
Type of Legislation:            CR
Subject:                        Confederate Flag
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       DKA/3398.AL
Introduced Date:                May 09, 1991
Last History Body:              House
Last History Date:              May 09, 1991
Last History Type:              Introduced, referred to
                                Committee
Scope of Legislation:           Statewide
All Sponsors:                   Glover
                                Scott
                                Beatty
                                D. Williams
                                White
                                K. Bailey
                                J. Brown
                                Whipper
                                Inabinett
                                Waites
Type of Legislation:            Concurrent
                                Resolution



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3989  House   May 09, 1991  Introduced, referred to         25
                             Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

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