Terry Everett, June 30, 2003

As our nation celebrates its 227th birthday this week, the U.S. House of Representatives has taken action to protect our land's most visible symbol, the American Flag. Old Glory, the cherished banner under which millions of men and women who served and sacrificed, has been open to desecration since a controversial 1989 Supreme Court free speech ruling. Congress wants to change that.

On June 3, the U.S. House of Representatives passed by a 300 to 125 margin the Desecration of the Flag Resolution (HJ Res 4). The bill gives Congress the constitutional authority to prohibit the physical desecration of the American Flag. I was proud to cosponsor this legislation.

Since the beginning of our country, the Stars and Stripes has represented the American dream and our defense of democracy. Today, we continue to honor the flag as it signifies our right to live in freedom and peace, instead of fear and chaos. While one can appreciate the Supreme Court's desire to protect our First Amendment, the Court is overreaching in allowing the defilement of our most sacred of national symbols.

In the 1989 case of Texas vs. Johnson, the Supreme Court held that the burning of an American flag as part of a political demonstration was expressive conduct protected by the First Amendment. Through its ruling, the Supreme Court invalidated federal flag protection statutes as well as flag protection laws in 48 states and the District of Columbia.

In order to permanently protect the American Flag, Congress must pass legislation in the form of a constitutional amendment. Such amendments require a two-thirds majority vote in both Houses of Congress to pass. While the Desecration of the Flag Resolution has been approved by the U.S. House on numerous occasions since the 1989 ruling, it has yet to pass the Senate with the necessary majority.

Should the Senate achieve the majority to pass the flag protection resolution this Congress, the amendment would then need to be ratified by at least 38 states. Getting state approval would likely not be a problem as 50 states, including Alabama, have already approved resolutions in support of the flag and calling on Congress to pass a constitutional amendment.

While many say that a constitutional amendment protecting the American Flag would infringe upon a citizen's right to free expression, it must be made clear that the Constitution doesn't give blanket approval to all forms of speech. For example, if the law can limit speech based on obscenity, libel or perjury, then most certainly it should also prevent someone from burning, trampling or urinating on an American flag. Such acts go well beyond reasonable free speech.

As a member of the House Armed Services, Intelligence, and Veterans' Affairs committees, and a military veteran myself, I am constantly reminded of the tradition, honor and sacrifice which are represented by our beloved American Flag. If Americans are called to serve and possibly die for it, then our flag at least deserves the respect of legal protection.

Congressman Terry Everett represents the Second Congressional District of Alabama in the U.S. House of Representatives.