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State Senate Jumps on Bandwagon for the Flag

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Times Staff Writer

The reelection-conscious state Senate jumped aboard a national bandwagon on Thursday and voted to ask President Bush and Congress to support a constitutional amendment prohibiting the desecration of the American Flag.

Proponents of the measure, some of whose desks were decorated with miniature U.S. flags, insisted that as the country’s national symbol the flag should be given extraordinary protection from what one called “terrorism.”

But opponents warned against tampering with the constitutional right of free speech. And a Democratic leader accused Bush of exploiting the national controversy over burning the flag to set a “death trap” for Democrats.

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The resolution passed on a lopsided 30-6 vote, with Democrats and an independent casting the negative votes. The Assembly earlier had approved a similar measure.

The issue exploded into a nationwide controversy last month when the U.S. Supreme Court ruled that burning the American Flag as a political expression was protected by the First Amendment right to free speech.

Bush and many members of both parties in Congress rushed to embrace what is generally considered a politically safe proposed constitutional amendment to give the states and Congress authority to outlaw desecration of the flag.

Sen. Cecil N. Green (D-Norwalk), author of the state Senate resolution, called the Supreme Court’s ruling an “affront to our heritage and to those people who gave their lives defending the freedom (the flag) stands for.”

And, Sen. Barry Keene of Benicia, the Democratic floor leader charged with helping to elect more Democrats to the Senate, warned that a vote against the flag measure would virtually invite ouster at the polls. He accused Bush and Lee Atwater, chairman of the Republican National Committee, of riding the highly charged issue for political advantage.

“To me, desecration is the shameful, cynical, tawdry, manipulative exploitation of the flag for political purposes,” Keene declared. “The chief desecrater of the American flag today is none other than George Bush and his sociopathic sidekick Lee Atwater.

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“They know that their political trick will succeed because we can’t take the risk of being thought to be unpatriotic.”

At first, Keene did not vote but then went along and cast an aye vote. He indicated that he, too, could not avoid what he termed the “deathtrap for Democrats.” Asked if his vote was politically expedient, he replied, “Politically accountable.”

One veteran Democrat, usually regarded as a civil libertarian who ordinarily would fight such a measure, said he voted for it so he would not have to spend valuable campaign dollars defending his position.

“I saved 300K ($300,000),” said the lawmaker who asked not to be identified. “I saved 300K.”

Sen. John Seymour of Anaheim, a GOP contender for lieutenant governor, said that burning the flag “is not an action of political expression. It is an act of terrorism.”

However, Sen. Gary K. Hart (D-Santa Barbara) voiced concern that in outlawing the desecration of the American flag, other “sacred and important” symbols and documents might be in line for special protection as well.

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“‘How about burning the Bible?” he asked. “What about burning the U.S. Constitution itself? What about burning the California flag? Where does it stop? I don’t know.”

Because both the Senate and Assembly have exchanged virtually the same flag protection resolution, it is all but certain that one will go to Bush and Congress. But the issue will return to California if Congress approves a constitutional amendment to protect the flag, which requires ratification by 38 states.

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