Letters to the 108th Congress

February 4, 2003

United States Senate
Washington, DC 20515

Dear Senator:

On behalf of the American Bar Association I urge you to oppose H. J. Res. 4, H. J. Res. 8, S. J. Res. 4 and other joint resolutions proposing to amend the Constitution in order to authorize Congress to prohibit the desecration of the flag of the United States.

For over 200 years, the American flag, in each of its changing forms, has stood as a symbol of what our forefathers fought to assure for future generations. It is the physical representation of both the rights enumerated in the Constitution and the blood shed to preserve those rights. A cherished symbol of hope, it flies even more proudly after terrible events, like those of September 11, 2001.

It is because of its strength as a symbol that some use the flag as a proxy for our country. They burn it, as if to burn in effigy the United States itself. The American Bar Association deplores such displays of wanton destruction. While we sympathize with the motivation of the sponsors of the congressional resolutions, we are opposed to their proposed remedy.

The principle is more important than the symbol: the principle of free speech in the First Amendment of the Constitution is more important than the symbol that represents it. While the flag flies as that symbol of our democracy, the First Amendment rests as part of the foundation on which that democracy was built. It is because the sight of a burning flag carries such meaning that those who wish to convey a message use it, and that those who are offended by that message oppose it. Desecration is not simply destruction, it is also an expression and, hence, speech.

Since the inception of our constitutional form of government over 200 years ago, the right to free speech has retained its place in the First Amendment: prominent, celebrated, honored and intact. We urge you to oppose amending the First Amendment for the first time in our history to prohibit desecration of the American flag.

Sincerely,

Robert D. Evans

108th Congress Letters Home