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have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any such flag, standard, color, ensign or shield, in order to advertise, call attention to, decorate, mark, or distinguish such article of substance.

§ 9.86.030: No person shall publicly mutilate, deface, defile, defy, trample upon or by word or act cast contempt upon any such flag, standard, color, ensign or shield.

§ 9.86.050: Makes violation of above a gross misdemeanor.

$ 1.20.015: The flag of the United States shall be prominently installed, displayed and maintained in schools, court rooms and state buildings.

§ 28.76.030: The flag of the United States shall be displayed on the campus of every state institution of higher learning during class hours, except in unsuitable weather, and at such other times as the board of trustees may deem proper. § 29.40.090: At all elections the flag of the United States shall be conspicuously displayed in front of each polling place.

WEST VIRGINIA

WEST VIRGINIA CODE OF 1961-8 5915 [8], § 369 (1) [2] § 225 [7], § 1785 [24] § 5915 [8]: Makes guilty of a misdemeanor any person who for exhibition or display shall place or cause to be placed, any words, figures, marks, pictures, designs, drawings, or any advertisement of any nature, upon any flag, standard, color or ensign of the United States, or shall expose or cause to be exposed to public view any such flag, standard, color or ensign, upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed or annexed, any words, figures, marks, pictures, designs, drawings, or any advertisement of any nature or kind, or who shall expose to public view, manufacture, sell, expose for sale, give away, or have in possession for sale or to give away, or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise, or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached or otherwise placed, a representation of any such flag, standard, color or ensign, to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed, or who shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by words or acts, upon any such flag, standard, color, or ensign. Punishment shall be by fine not less than five nor more than one hundred dollars, and may be, at discretion of court of justice, by confinement in jail not exceeding thirty days.

§ 369 (1) [2a]: The flag of the United States shall be displayed from each county courthouse every day between sunrise and sunset, except in inclement weather. The flag of the United States shall be displayed at all times in the circuit courtroom of each county.

§ 225 [7] The flag of the United States shall be kept suspended over the place of session when either house of the legislature is in session.

§ 1785 [24]: The flag of the United States shall be displayed from all schoolhouses during the time the school is in session, except in inclement weather.

WISCONSIN

WISCONSIN STATUTES ANNOTATED §§ 946.05, 946.06, 6.79, 132.01, (5), 14.23, 40.47

§ 946.05 Whoever intentionally and publicly mutilates, defiles, or casts contempt upon the flag may be fined not more than $100 or imprisoned not more than 3 months, or both.

§ 946.06: Provides punishment of not more than $100 fine or imprisonment not more than three months, or both, for whoever intentionally (a) Places on or attaches to the flag any word, mark, design, or advertisement not properly a part of such flag; or (b) Exposes to public view a flag upon which has been placed or attached a word, mark, design or advertisement not properly a part of such flag; or (c) Manufactures or exposes to public view an article of merchandise or a wrapper or receptacle for merchandise upon which the flag is depicted; or (d) Uses the flag for commercial advertising purposes.

6.79: The flag of the United States shall be displayed over every voting place during all hours that the polls are open on the day of the general election and it may be displayed on other election days and on registration day.

§ 132.01 (5): The Secretary of State shall not register any label, trade-mark, term, design, device or form of advertisement which consists of or comprises a replica or simulation of the flag, coat of arms, or insignia of the United States. $14.23: Authorizes the governor to annually proclaim the second Sunday in May as Mother's Day and to urge the people and organizations to display the American flag as a public expression of love and reverence for the mothers of the state and as a symbol of a united effort to inspire better homes and closer union between the state, its homes and its sons and daughters. Authorizes the governor to annually proclaim the last Sunday in September as Gold Star Mother's Day and call upon the people and organizations to display the American flag and hold appropriate meetings as a public expression of love, sorrow and reverence for the gold star mothers of the state.

$40.47: The flag of the United States shall be displayed in the schoolroom or from a flagstaff on each school ground of every public and private school during the school hours of each day's session of school.

WYOMING

WYOMING STATUTES-§ 6-106, § 21-153

§ 6-106: Makes guilty of a misdemeanor any person who, in any manner, for exhibition of display, puts or causes to be placed any inscription, design, device, symbol, portrait, name, advertisement, words, characters, marks or notices whatever upon any flag or ensign of the United States, or who, in any manner, appends, annexes or affixes to any such flag, or ensign any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notices or token whatever, or who displays or exhibits or causes to be displayed or exhibited, any flag or ensign, evidently purporting to be either of said flag, upon which shall in any manner be put, attached, annexed or affixed any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who publicly or wilfully mutilates, tramples upon, or who tears down or wilfully and maliciously removes while owned by others, or otherwise defaces or defiles any of said flags, or ensign, which are public or private property. Punishment is by fine not exceeding $250 or by imprisonment not exceeding one year, or both.

§ 21-153: The flag of the United States shall be displayed upon each school house, flagstaff or tower during the time when the school shall be in session. Mr. ZELENKO. Finally, I submit for the record the most recent bills introduced on the subject of flag desecration.

Mr. ROGERS of Colorado. That will be received for the record. (The bills follow:)

[H.R. 10175, 90th Cong., first sess.]

A BILL To prohibit mutilation and desecration of the national 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 five years or a fine of not more than $10,000, or both.”

[H.R. 10246, 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 burns, tears, mutilates, or otherwise defaces, 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 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. 10287, 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 section 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 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. 10385, 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 burns, tears, mutilates, or otherwise defaces, 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 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. 10479, 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 by destroying 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."

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

[H.R. 10480, 90th Cong., first sess.]

A BILL To prohibit desecration of the flag, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 33 of title 18, United States Code, is amended by inserting immediately preceding section 701 thereof, a new section as follows:

❝ 700. Desecration of the flag of the United States; penalties

"(a) Whoever casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.

"(b) The term 'flag of the United States' as used in this section, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, standards, colors, or ensign of the United States of America.

"(c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section."

SEC. 2. The analysis of chapter 33 of title 18, United States Code, is amended by inserting at the beginning thereof the following:

"$ 700. Desecration of the flag of the United States; penalties."

SEC. 3. (a) Section 3 of title 4, United States Code, and the Act of February 8, 1917, chapter 34, 39 Stat. 900 (section 22-3414 of the District of Columbia Code), are amended by striking from the first sentence of each the following: "; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon, or cast contempt, either by word or act, upon any such flag, standard, colors, or ensign,"

(b) The Act of February 8, 1917, chapter 34, 39 Stat. 900 (section 22-3414 of the District of Columbia Code), is further amended by adding “(a)" before the first sentence thereof and by adding at the end of the section the following new subsection:

"(b) Whoever, within the District of Columbia, casts contempt upon any flag, standard, colors, or ensign of the United States of America by publicly mutilating, defacing, defiling, or trampling upon any such flag, standard, colors, or ensign shall be fined not more than $1,000 or imprisoned for not more than one year, or both."

[H.R. 10485, 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, or both."

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

[H.R. 10490, 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 section 3 of title 4, United States Code, is amended

(1) by redesignating the first sentence as subsection (a);

(2) by striking out "or who, within the District of Columbia, shall publicly mutilate, deface, defile, or defy, trample upon, or cast contempt either by word or act, upon any such flag, standard, colors, or ensign," in subsection (a) (as so redesignated by paragraph (1));

(3) by redesignating the second sentence as subsection (c) ;

(4) by striking out "herein" in subsection (c) (as so redesignated by paragraph (3)) and inserting in lieu thereof "in this section"; and

(5) by inserting after subsection (a) the following new subsection: "(b) Whoever publicly mutilates, defaces, defiles, defies, tramples upon, or casts contempt upon, any flag, standard, colors, or ensign of the United States shall be punished by imprisonment of not more than two years or a fine of not more than $2,000, or both."

Mr. ROGERS of Colorado. The hearing is now adjourned, and the record is closed. The subcommittee will meet in executive session this afternoon.

The committee stands adjourned.

(Whereupon, at 11:20 a.m., the subcommittee adjourned, subject to the call of the Chair.)

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