In Strong Support of H.J.Res. 4, the Flag Protection
Constitutional Amendment

Speech Delivered by Jim Marshall on the Floor of the U.S. House of Representatives, June 3, 2003

Mr. Speaker, I rise today in strong support of H.J.Res. 4, the Flag Protection Constitutional Amendment. As an original cosponsor of this amendment, I strongly believe that we must act to ensure that our American Flag is protected and cannot be physically desecrated.

Mr. Speaker, I am a lawyer and law professor who fiercely believes in the First Amendment and who also believes that casual amendment of our Constitution is a grave mistake. But I am also the son and grandson of army generals and a veteran of ground combat in Vietnam.

I believe the proposed amendment concerning flag protection is properly and narrowly targeted to accomplish a specific purpose. If enacted, it would not impose a significant limitation upon an individual's freedom to engage in political speech, protest and communication. The amendment is fitting tribute to those who served our country in our armed services and particularly to those who paid the ultimate price to raise a flag on a battlefield or to keep it flying. There were too many of these deaths, and one is too many to forget.

As a law professor, I must accept the argument that I, my father, my grandfather, other relatives and friends, many of whom were wounded, some of whom died, did not fight for a piece of cloth, but rather for what it symbolizes. Yet our memories and emotions are inextricably intertwined with the cloth itself. And that cloth symbolizes a country whose constitution is not writ in stone, immutable for all time. Instead our constitution establishes a process for its own amendment.

Mr. Speaker no harm or violence is done to our constitutional system by an amendment designed to respect the memories and emotions that are inextricably interwoven with the cloth of our flag. In fact, I believe that respecting those memories and emotions nourishes a vital spirit in this country, the spirit of individual sacrifice in combat for the good of the nation.

Our country's great freedoms were won and are enjoyed today because of the selfless sacrifice of countless, often nameless, sometimes unknown heroes. Amending the constitution to prohibit flag desecration is a small way to thank these individuals who cannot be thanked enough. And this amendment is a small price to pay if it strengthens our Republic and helps insure its future.