Desecration of the Flag

[H.R. 9874, 90th Cong., first sess.]

A BILL To prohibit desecration of the flag

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 3 of title 4, United States Code, is amended by designating the first sentence thereof as subsection (a) and the second sentence thereof as subsection (c), and by inserting after subsection (a) the following:

"(b) Whoever publicly mutilates, defaces, defiles, defies, tramples upon, or casts contempt, either by word or act, upon any flag, standard, colors, or ensign of the United States shall be punished by imprisonment of not more than one year or a fine of not more than $1,000."

(b) Subsection (e) of such section is amended by striking out “herein” and inserting in lieu thereof "in this section."

[H.R. 9918, 90th Cong., first sess.]

A BILL To prohibit the burning, defacing, mutilating, or trampling upon of the flag, standard, colors, or ensign of the United States, with intent to degrade or cast contempt upon such flag, standard, colors, or ensign, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 33 of title 18, United States Code, is amended by inserting at the end thereof a new section as follows;

"§ 714. Burning, defacing, mutilating, or trampling upon the flag, standard, colors, or ensign of the United States

"(a) Whoever, with intent to degrade or cast contempt upon any flag, standard, colors, or ensign of the United States or any officer or action of the Government of the United States, burns, defaces, mutilates, or tramples upon any such flag, standard, colors, or ensign or publicly displays or causes to be publicly displayed any such flag, standard, colors, or ensign knowing the same to be damaged by fire, defaced, mutilated, or trampled upon shall be fined not more than $5,000 or imprisoned for not more than five years, or both.

"(b) The term 'flag, standard, colors, or ensign of the United States', as used in subsection (a) shall include (1) any flag, standard, colors, or ensign of the United States, or any part thereof, or (2) any colorable imitation thereof, made of any substance, in any manner reasonably calculated to convey the impression that the same is any flag, standard, colors, or ensign of the United States of America."

(b) The analysis of chapter 33 of title 18, United States Code, is amended by inserting at the end thereof the following:

"Sec. 714. Burning, defacing, mutilating, or trampling upon the flag, standard, colors, or ensign of the United States.'

SEC. 2. The enactment of this Act shall not be construed as indicating an intent on the part of the Congress to prevent any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or American Samoa from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of the enactment of this Act.

[H.R. 9964, 90th Cong., first sess.]

A BILL To prohibit desecration of the flag

(b) Subsection (c) of such section is amended by striking out "herein" and inserting in lieu thereof "in this section".

[H.R. 9971, 90th Cong., first sess.]

A BILL To prohibit desecration of the flag

"(b) Whoever publicly mutilates, defaces, defiles, defies, tramples upon or casts contempt, either by word or act, upon any flag, standard, colors, or ensign of the United States shall be punished by imprisonment of not more than one year or a fine of not more than $1,000, or both."

(b) Subsection (c) of such section is amended by striking out "herein" and inserting in lieu thereof "in this section".

[H.R. 9977, 90th Cong., first sess.]

A BILL To prohibit desecration of the flag of the United States and to prohibit public display of the flag of a foreign government engaging the United States in war or armed conflict

"(b) Whoever publicly mutilates, defaces, defiles, tramples upon, or casts contempt by overt act upon, any flag, standard, colors, or ensign of the United States shall be punished by imprisonment of not more than one year and a fine of not more than $1,000."

SEC. 2. (a) Chapter 115 of title 18 of the United States Code is amended by adding at the end thereof the following new section:

❝g 2392. Public display of flag of hostile foreign government prohibited

"Whoever, during any period when the United States is engaged in a declared war or armed conflict, flies, parades with, or otherwise publicly displays the flag, or a reasonable facsimile thereof, of the foreign government, body, or group engaging the United States in the war or armed conflict, with intent to incite or encourage resistance to the prosecution of the war or conflict by the United States or to promote or solicit support for the cause of the enemies engaging the United States in the war or conflict, shall be fined not more than $10,000 or imprisoned for not more than five years, or both."

(b) The analysis of chapter 115 of title 18 of the United States Code is amended by adding at the end thereof the following new item:

"2392. Public display of flag of hostile foreign government prohibited."

[H.R. 10004, 90th Cong., first sess.]

A BILL To prohibit desecration of the flag

"(b) Whoever publicly mutilates, defaces, defiles, defies, tramples upon, or casts contempt, either by word or act, upon any flag, standard, colors, or ensign of the United States shall be punished by imprisonment or not more than five years and a fine of not more than $10,000."

(b) Subsection (c) of such section is amended by striking out "herein" and inserting in lieu thereof “in this section".

[H.R. 10020, 90th Cong., first sess.]

A BILL To prohibit desecration of the flag

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 3 of title 4, United States Code, is amended by designating the first sentence thereof as subsection (a) and the second sentence thereof as subsection (c) and by inserting after subsection (a) the following:

(b) Subsection (c) of such section is amended by striking out "herein" and inserting in lieu thereof "in this section".

[H.R. 10061, 90th Cong., first sess.]

A BILL To prohibit desecration of the flag

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 3 of title 4, United States Code, is amended by designating the first sentence thereof as subsection (a) and the second sentence thereof as subsection (c) and by inserting after subsection (a) the following:

"(b) Whoever publicly mutilates, defaces, defiles, defies, tramples upon, or casts contempt, either by word or act, upon any flag, standard, colors, or ensign of the United Staes shall be punished by imprisonment of not more than one year and a fine of not more than $1,000."

(b) Subsection (c) of such section is amended by striking out "herein" and inserting in lieu thereof "in this section".

[H.R. 10148, 90th Cong., first sess.]

A BILL To prohibit desecration of the flag

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 3 of title 4, United States Code, is amended by designating the first sentence thereof as subsection (a) and the second sentence thereof as subsection (c) and by inserting after subsection (a) the following:

(b) Subsection (c) of such section is amended by striking out "herein" and inserting in lieu thereof "in this section".

Mr. ROGERS. Mr. McClory, as I understand it, has a statement. Mr. McCLORY. Thank you, Mr. Chairman.

STATEMENT OF HON. ROBERT MCCLORY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS

Mr. McCLORY. The fact that numerous incidents have occurred recently in which the American flag has been burned or otherwise desecrated establishes the need for additional Federal legislation.

The existence of numerous State laws making it a criminal offense to burn or otherwise desecrate the American flag is obviously not a sufficient answer to the problem.

The flag is a Federal emblem and standard. Offenses against the flag are against the people of the United States-not simply the people of a single State.

Much is said these days about the right of dissent. Perhaps too much is being said along this line. Emphasis on the right of dissent appears to have encouraged demagoguery and disloyalty to the very Nation that guarantees this right.

In my view, public offenses against the American flag-offenses that invite public disorder against the Constitution and laws of our great Nation-constitute a danger to the foundation upon which our Nation is built.

I congratulate my colleague Congressman Richard Roudebush of Indiana, a former national president of the Veterans of Foreign Wars before he entered the U.S. Congress, Congressman James H. Quillen, and other members of the Congress, who have brought to the Congress this essential and timely legislative proposal.

I shall look forward with interest to the testimony which is to be offered with a view toward adopting that remedy consistent with reason which must be found to punish adequately those who desecrate the American flag and hopefully to discourage would-be offenders from committing similar offenses.

Mr. ROGERS. Thank you, Mr. McClory.

Our first witness this morning is the Honorable James H. Quillen, the Representative from Tennessee, who is the author of H.R. 6385, who is also an honored member of the Rules Committee, and his interest in this mater has been manifested heretofore.

Proceed in your own manner, Mr. Quillen.

STATEMENT OF HON. JAMES H. QUILLEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TENNESSEE

Mr. QUILLEN. Mr. Chairman and members of this distinguished committee. I consider it a high honor to be here this morning.

We meet to discuss legislation, the need for which shocks us and people throughout this Nation.

For all of us and all those like us whose hearts are filled with patriotism and love and respect for all that our flag symbolizes, it is deplorable to think that anyone could be so bold, thankless, and thoughtless as to scar in any way the traditional symbol of our free land.

Yet we need only to pick up a newspaper or see or hear a newscast to be aware that in this country today there are those who would, and do, abuse and insult our flag, and even go to such lengths as to publicly burn it in defiance and disgust.

The flag that is being desecrated today is among the oldest of the national standards of the world, the symbol which Oliver Wendell Holmes so movingly described as

Washed in the blood of the brave and the blooming,
Snatched from the altars of insolent foes,

Burning with star-fires but never consuming,

Flash its broad ribbons of lily rose.

Vainly the prophets of Baal would rend it,
Vainly his worshippers pray for its fall,

Thousands have died for it, millions defend it,
Emblem of justice and mercy to all.

"Emblem of justice" the poet calls our flag; so it is-and the symbol of liberty, not just for our own people but for millions of men, women, and children around the globe. From the very awakenings of our Nation, the Sons of Liberty sought to display a standard that would be the symbol of the freedom which they so earnestly desired and for which they would give their lives, their fortunes, and their sacred honor.

Back in the days of the Revolution, there were colonial or regimental flags by the score, and symbols abounded from the pine trees to beavers, anchors, and rattlesnakes. The brave and daring colonists used slogans on their flags "Liberty or Death," "Hope," "Don't Tread on Me," and "An Appeal to Heaven" were just a few.

As the pursuit of liberty moved the colonists further and further from the mother country and the fires of revolution scorched the ties that bound America to Great Britain, the flag of the Revolutionthe Grand Union Flag with the 13 stripes alternating red and whitewaved proudly over more and more of the land.

Finally on June 14, 1777, the Continental Congress resolved "That the flag of the Thirteen United States be thirteen stripes, alternate red and white: that the union be thirteen stars, white on a blue field, representing a new constellation." The stars were arranged in a circle so that no colony would take precedence over another.

George Washington described its symbolism:

We take the stars from heaven, the red from our mother country, separating it by white stripes, thus showing that we have separated from her, and the white stripes shall go down to posterity representing liberty.

Under this flag, the Revolution was brought to its glorious end, and the first President of the United States was inaugurated.

By 1794, the flag had changed again to represent the admission of Vermont and Kentucky, and 15 stars and stripes adorned the liberty flag.

The return to the original 13 red and white stripes was permanently authorized in 1818, and only the number of stars has changed since then to represent each additional State.

Almost 150 years later, we have 50 stars on that field of blue, and our proud banner has flown around the world. Let us turn back the pages of history-to Valley Forge, the bombardment of Fort McHenry, San Juan Hill, along the Marne, and Iwo Jima and Pork Chop Hill. Our flag has always been the symbol of freedom and liberty. Truly thousands have cheered it and millions have been inspired by it-the "emblem of justice and mercy to all."

Last Memorial Day I was honored to be the speaker at the veterans' facility at Mountain Home, Tenn. As I stood there on the platform overlooking the rows of white crosses marking the resting places of so many of our veterans, the words that have been uttered in praise of these dedicated men came to mind, I quote from "Flanders Field":

We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie
In Flanders fields.

Take up our quarrel with the foe;
To you from failing hands we throw
The torch; be yours to hold it high.

If ye break faith with us who die

We shall not sleep, though poppies grow
In Flanders fields.

79-543-67- -3

« Înapoi Continuă »

Cărți

Desecration of the Flag: Hearings Before Subcommittee No. 4 of the Committee ...