E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION Vol. 141 WASHINGTON, FRIDAY, DECEMBER 8, 1995 No. 195 House of Representatives The House was not in session today. Its next meeting will be held on Monday, December 11, 1995, at 12 noon. Senate FRIDAY, DECEMBER 8, 1995 The Senate met at 10 a.m. and was FLAG DESECRATION Wife and past president of the Gold called to order by the President pro CONSTITUTIONAL AMENDMENT Star Wives of America. tempore [Mr. THURMOND]. The PRESIDENT pro tempore. Under She testified in support of this con- the previous order, the Senate will now stitutional amendment to prevent PRAYER proceed to the consideration of Senate desecration of the American flag, our The Chaplain, Dr. Lloyd John Joint Resolution 31, which the clerk national symbol. She testified in sup- port of this amendment on June 6, 1995, Ogilvie, offered the following prayer: will report. Let us pray: The legislative clerk read as follows: before the Constitution Subcommittee, Lord of all life, thank You for the and brought with her the flag that had A joint resolution (S.J. Res. 31) proposing draped her husband's coffin. She said: gift of time. You have given us the an amendment to the Constitution of the hours of this day to work for Your United States to grant Congress and the It's not fair and it's not right that flags glory by serving our Nation. Remind us States the power to prohibit the physical like this flag, handed to me by an honor that there is enough time in any one desecration of the flag of the United States. guard 23 years ago, can be legally burned by day to do what You want us to accom- someone in this country. It is a dishonor to The Senate proceeded to consider- our husbands and an insult to their widows plish. Release us from that rushed feel- ation of the joint resolution. to allow this flag to be legally burned. ing when we overload Your agenda for Mr. HATCH. Mr. President, I suggest Go tell Rose Lee she supports the us with things which You may not have the absence of a quorum. flag protection amendment out of pure, intended for us to cram into today. The PRESIDING OFFICER (Mr. sheer politics. Help us to live on Your timing. Grant DEWINE). The clerk will call the roll. Go tell the members of the American us serenity when we feel irritated by The legislative clerk proceeded to Legion who have been visiting our of- trifling annoyances, by temporary frus- call the roll. fices. Go tell our colleague, Senator tration, by little things to which we Mr. HATCH. Mr. President, I ask HEFLIN, a Silver Star winner from must give time and attention. May we unanimous consent that the order for World War II, that he is playing poli- do what the moment demands with a the quorum call be rescinded. tics. Tell the Senate Democratic whip, heart of readiness. Also give us the The PRESIDING OFFICER. Without Senator FORD, that he is playing poli- courage to carve out time for quiet objection, it is so ordered. tics by cosponsoring and supporting thought and creative planning to focus Mr. HATCH. Mr. President, in listen- this amendment, a man who has suf- our attention on the big things we ing to the debate on the flag amend- fered a lot for this country. Tell the must debate, and eventually decide ment on Wednesday and some of the re- Democratic leader of the other body, with a decisive vote. Help us to be si- marks of some of my colleagues here Congressman RICHARD GEPHARDT, and lent, wait on You, and receive Your on the floor, my reaction with respect 92 other House Democrats that they guidance. May the people we serve and to some of their arguments and some of played politics when they voted for those with whom we work sense that in the arguments of the opponents of the this amendment. the midst of pressure and the rough flag amendment comes down to, there As for the number of flag desecra- and tumble of political life, we have they go again. The same tired, old, tionsÐagain, my friend from Arkansas had our minds replenished by listening worn out arguments, again and again. was wrong. He said there were none to You. In the name of our Lord. Amen. One of my colleagues from Arkansas this year. In fact, there have been pub- f says we are here because of ``pure, lished reports of at least 20 American sheer politics.'' Evidently, some oppo- flags destroyed at a cemetery in RESERVATION OF LEADER TIME nents of the amendment believe there Bloomington, IN, alone. They were cut The PRESIDENT pro tempore. Under is only one side to this argument, and or ripped from flagpoles and burned. the previous order, the leadership time everybody else must be playing poli- These desecrations were also reported is reserved. tics. Tell that to Rose Lee, a Gold Star on local television. · This ``bullet'' symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S 18253 S 18254 CONGRESSIONAL RECORD Ð SENATE December 8, 1995 In July of this year, according to expanded in this country through 1989, cration is in any way like protecting USA Today, a flag was defaced with ob- even as flag protection statutes were the Nazi flag from such desecration, or scene messages about President Clin- being enacted. in any way represents some notion, ton and Speaker GINGRICH in New If I told my colleagues that Nazi Ger- however small, of moral equivalence Hampshire. Are there not countless many also had stringent gun control between Nazi Germany and the United ways of expressing these views without laws, do the opponents of the flag pro- States, or in any way puts the United defacing the flag? tection amendment believe, for that States on some kind of par with Nazi In June, a flag was burned in Hays, reason, America better not adopt a par- Germany. That analogy just will not KS. Just a short time ago, I saw a news ticular gun control measure? They did. float. clip about a motorist at a gas station To use that kind of reasoning, why Mr. Ross still has the flag the Amer- using an American flag to wipe the would that not follow? ican tank commander gave him in 1945. car's dipstick. A veteranÐa veteranÐ If I told the opponents of the flag Mr. Ross is a supporter of this amend- called it to the police's attention but, protection amendment that a police ment, and one can read about his story of course, the individual cannot be state had liberal abortion laws, would on the front page of the July 4, 1995, prosecuted today for that desecration that turn them into pro-lifers in Amer- USA Today. of the flag. He can keep using it as he ica? Would it turn them into support- Mr. President, some of my other col- has, or perhaps he will next use it to ers of the Partial-Birth Abortion Ban leagues argue that enactment of this wash his car. Act of 1995? flag amendment would be the begin- My friend from Arkansas raised a So what is the point of comparing ning of a long slide down a slippery concern about a person being punished whether Nazi Germany, Iraq, and the slope to further restrictions on free for refusing to salute or honor the flag. United States protect their respective speech. Give me a break. They even No law enacted under the flag amend- flags? make a thinly veiled comparison be- ment can compel anyone to salute or Certainly, it is not to compare those tween prohibiting physical desecration honor the flag, to say nice things about who voted for a measure protecting the of the American flag with the Chinese the flag, or otherwise compel anyone to flag, such as the Biden statute, includ- Government's execution of three dis- respect the flag. There is an obvious ing the Senator from Arkansas and al- sidents. Give me a break. This argu- difference between prohibiting physical most every other Senator, with the dic- ment is incredibly overblown. In an- desecration of the American flag, and tators of Nazi Germany and Iraq. swer to this, I would like to quote from I was struck by the highlighting of compelling someone to express respect a letter Bruce Fein, an opponent of the the Nazi flag on the same chart as the for it. So it is totally irrelevant, in this amendment who testified against the American flag. It reminded me of an- amendment. He wrote to the Judiciary debate, to talk about punishment for other use of these two flags. failing to respect or salute the flag or Stephan Ross is a psychologist in Committee in June of this year in re- pledge allegiance to it. The pending Boston, MA. He gave a presentation in sponse to my questions. He states: amendment simply does not authorize the Hart Senate Office Building earlier The proposed amendment is a such punishment. Nor does it authorize this year. He began by displaying a submicroscopic encroachment on free expres- sion that would leave the U.S. galaxies be- punishment for saying critical things Nazi flag, and told the audience he had about the flag, or anything else. yond any other nation in history in tolerat- lived under that flag for several years.