House OKs Flag Protection Bill; Amendment Delayed

In a calm atmosphere that contrasted with the anger caused by the Supreme Court’s flag-burning ruling in June, the House on Tuesday brushed aside President Bush’s call for a constitutional amendment and approved a bill to make flag desecration a federal crime.

The vote was 380 to 38.

But Speaker Thomas S. Foley (D-Wash.) gave assurances that he would schedule a vote later this year on a constitutional amendment. In June, the high tribunal ruled that a Texas law against flag burning violated free speech guarantees in the Bill of Rights.

Congressional sources said that Foley made the promise in part to get Republican support for the bill backed by the Democratic leadership and in part because he doubted whether he could block a determined drive to bring a constitutional amendment to a vote.

In any case, the sources said, approval of the legislation and its provision for expedited Supreme Court review would help defeat the President’s proposal to revise the Constitution simply to ban flag burning.

The House-passed legislation was sent to the Senate, where debate has been scheduled to start no later than Oct. 7 on both a statutory approach and a constitutional amendment to outlaw flag destruction by fire or other means.

But Foley and other lawmakers said that they believe the widespread support for altering the Constitution in the wake of the Supreme Court’s decision has diminished in intervening weeks, while backing has grown for a law to deal with the situation.

The bill reads: “Whoever knowingly mutilates, defaces, burns, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.” This language avoids the phrase “casting contempt upon,” which was a key element in the high court’s decision on the Texas law.

While opponents of the bill denounced it as “a sham and a shame,” proponents argued that it would be irresponsible to tamper with the Bill of Rights as long as narrowly defined legislation to protect the flag might be upheld by the high court.

Only a few lawmakers--including Rep. Ted Weiss (D-N.Y.)--argued that Congress should ignore the entire controversy and do nothing.

A larger number contended that passage of the bill would be worse than no action.

Sees Loophole

Rep. Chuck Douglas (R-N.H.) said that the measure should be called the “flag-burner protection act of 1989” since it contained an exemption for the ceremonial burning of soiled flags.

Rep. F. James Sensenbrenner Jr. (R-Wis.) agreed, saying: “The dirty flag defense is available for anyone who feels the need to torch Old Glory.”

But Rep. Don Edwards (D-San Jose), the bill’s principal author, said that nothing in it suggests that interpretation. “We offer a carefully drawn, constitutionally sound statute,” he said. “This modest statute will do the job.”

Opponents of the bill said that the American Legion, Veterans of Foreign Wars and other veterans groups favor a constitutional amendment. Backers of the measure, however, noted the support of the Vietnam Veterans of America for a statutory approach.

Low-Key Fight

Rep. Jack Brooks (D-Tex.), chairman of the House Judiciary Committee, led a low-key floor fight for the bill on grounds that the flag would be protected adequately by the legislation.

“We would be irresponsible to amend the Constitution before first determining that it is the only option open to us,” Brooks said.

Rep. G. V. (Sonny) Montgomery (D-Miss.), who said that he supports an amendment, lined up with Brooks, saying: “Speaker Foley has assured me we will get a vote on a constitutional amendment later this year. . . . I still doubt we can do the job by statute, but this is a step in the right direction.”

It takes a vote of two-thirds of both the House and Senate, plus ratification by three-fourths of the states, to add an amendment to the Constitution. The process usually takes years.

Prefer Safe Path

Despite the misgivings, most House members believe it is safer to vote for the bill than go on record against a flag protection bill.

This attitude was summed up by Rep. Doug Applegate (D-Ohio), who concluded: “Although the statute is weak and it ultimately may be declared unconstitutional, it’s the only game in town.”

The American Flag: Where They Stand The Supreme Court: ruled in June that under the Constitution’s guarantee of freedom of speech, the government may not prosecute a political protester who burns a flag. President Bush: proposed a simple constitutional amendment that would ban desecration of the flag, creating an exception to the First Amendment’s blanket protection for freedom of speech. House of Representatives: approved a bill Tuesday that would outlaw desecration of the flag, and plans to vote later this year on a constitutional amendment. Senate: plans to consider both legislation and a constitutional amendment by Oct. 7.