This morning I took notes when Senators Jeffords, Feinstein, Hatch, Feingold, Carper and Cornyn spoke on the Flag Amendment. This diary is simply a summary of what I heard them say. I haven't commented on their positions, just presented it below.
Jeffords presented a short speech, summarized as: He's a 30 year Navy/reserve veteran and knows the feelings around flag burning, and detests it when flags are burned. However, this amendment is a solution in search of a problem. The Senate should be spending its time on more important issues.
Feinstein: Started off with saying the amendment is content neutral. Flag is special for her since the terrible Pacific war and the Death Marches. On 2/24/45 DiFi was 12 years old and saw the Rosenthal Iwo Jima pic on the Chronicle cover. That symbolism is etched in DiFis mind ever since. Physical fabric of society, our common bond, our responsibilities to each other. "Symbol of National Life."
300K troops overseas putting their life on the line every single day.
DiFis proudest possession is her 13-star Flag. Red = heartiness, White = Purity, Blue = Perseverance, 13 colonies. Unique in handling, has a Federal Law on it.
Flew back from Baghdad in December with a flag draped coffin, he gave his life for the flag.
Justice White said: The flag is a monument subject to protection. DiFi agrees. All flags are monuments and represent all we stand for. Rehnquist, Warren and Stevens all say flag is unique.
1989 48/50 States had protection. 5-4 struck down Texas State law in Tx v. Johnson where it was decided that burning = speech and was impermissible restriction on content. Stevens dissented, Feinstein agrees.
Without amendment, protections won't survive. Only available option apparently. BoR amended 27 times. Change is narrow and necessary.
First Amendment is a corner stone but no idea or thought is in Flag Burning that can not be done in another way. We all can still give our point of view. Obscene and fighting words are restricted. This is the same.
Not a slippery slope here. No litany of changes are coming. Simply enables congress to set protocol, hold hearings, devise legislation and debate it. No more no less. Content neutral. Return to congress power.
Read a long quote from Wilson. And then ended with "Time to let the people decide."
Hatch came up, but yesterday I could hear actual snickering on the Senate when he spoke and referred to his chart showing how bad the problem is (he showed 16 cases since 2004) so I skipped his speech.
Feingold: Permits government to limit free speech. No one in the Senate supports flag burning. The flag is not just a piece of cloth. We must allow everyone to express their opinion of the government. Most important principle is the right to free expression.
Allowing flag burning sends the wrong message? Wrong says Feingold. Best way to show our strength is not to undermine our principles, but to uphold rights despite despicable people, this shows what we are about. We should be proud.
Feingold says we all know what will happen when this is passed, this will only make it worse and we'll have even more incidents. Does burning the flag change our opinion? No. Public opinion on the amendment has fallen, not foremost in everyone's mind.
Our Republic can survive just fine. This is a huge overreaction and unnecessary. Patriotism has flourished and outward displays have increased. We didn't need an amendment to make people show their love of their country.
In 1999, Veterans Defending the Bill of Rights said they didn't go to war to protect a flag, but our freedom. Freedom keeps us strong. Pride and Honor are not in the flag but in people and principles. All our sacrifices for naught if First Amendment is changed. We should cherish Bill of Rights. Too much is at stake.
This is a political exercise, a waste of time, and undermines our Constitution. Catastrophes around the world are affecting millions and we're spending time on this.
Carper: He loves the flag. He has one on his minivan and on his lapel. But he loves the Constitution even more. We desecrate the flag by sending troops into battle without proper armor, etc, not by burning the flag. A good speech but I missed most of it.
Cornyn: See Feinstein. Flag is the symbol of the US. All Americans should be choked up raising the flag, pledging allegiance, or singing the Star Spangled Banner. This is important, gives power back to the people. The Senate doesn't have to accept the ruling by the courts. It is about what you do, not what you say. Rehnquist decision (see Feinstein).
Working for 11 years on this. Has the support in the Senate so it should pass. Citizens Flag Alliance shows 17 events in 2 years on website. This is not an imaginary problem, but a real issue.
They start up again at 2:15EST.