Constitutional amendment banning flag burning passes House

WASHINGTON -- In what Democrats called an annual GOP rite of spring, the Republican-controlled House on Tuesday passed an amendment to the Constitution to criminalize flag burning for the fifth time in eight years.

The one-line change to the Constitution -- "The Congress shall have power to prohibit the physical desecration of the flag of the United States" -- was approved by a 300-125 vote as a pair of holidays approach -- Flag Day next Saturday and Independence Day in July.

Senate passage is less likely. The constitutional amendment needs a two-thirds majority in the House and Senate and approval by three-fourths of state legislatures.

Burning an American flag shows disrespect for America, and the majority of the American people approve of legally protecting Old Glory, supporters said. "If we allow its defacement, we allow our country's gradual decline," said Rep. Steve Chabot, R-Ohio.

But many opponents say the legislation would limit free speech rights.

"The whole purpose of the underlying constitutional amendment is to stifle political expression that we find offensive," said Rep. Robert Scott, D-Va. "While I agree that we should respect the flag, I do not think it is appropriate to use the criminal code to enforce our views on those who disagree with us."

It is unlikely that the GOP-controlled Senate will take up the constitutional amendment this year, said Senate Judiciary chairman Orrin Hatch, R-Utah, one of the bill's Senate supporters. The Senate has never passed the legislation under Republican or Democratic control.

"It's always an uphill battle but we're hoping we can get it done," Hatch said. "Maybe not this year, but at least probably next year."

Support from White House

The Bush administration supports the legislation, the White House said.

Lawmakers have debated the flag amendment almost annually since a 5-4 Supreme Court decision in 1989 saying flag-burning was a protected free speech right. That ruling overturned a 1968 federal statue and flag protection laws in 48 states.

In 1990, Congress passed another law protecting the flag, but the Supreme Court that year, in another 5-4 ruling, struck it down as unconstitutional.

Since then, the House has approved flag amendments in 1995, 1997, 1999 and 2001, all by more than 300 votes. The Senate, in votes in 1995 and 2000, came up with only 63 votes, four short of the two-thirds majority needed.

The House's new members haven't had chance to weigh in on the issue, said House Majority Leader Tom DeLay, R-Texas.

"We think they ought to have that opportunity because it's an important piece of legislation that makes a very strong statement about what our flag means to us and to the people of the United States," DeLay said Tuesday.

Opponents of the legislation, including Rep. Jerrold Nadler, D-N.Y., called the vote a Republican "rite of spring" public relations ploy.

"The calendar tells us that June 14 is Flag Day and of course there's July 4th," Nadler said. "Members need to send out a press release extolling a need to protect the flag, as if the flag was in need of protection by Congress."

A Democratic attempt to amend the bill failed on a 296-129.

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The bill is H.J. Res. 4.