U.S. CONGRESS Flag-burning amendment gets approval from House

The Mahoning Valley's representatives voted on opposite sides of the issue.
STAFF/WIRE REPORTS
WASHINGTON -- In what Democrats called an annual GOP rite of spring, the Republican-controlled House passed an amendment to the Constitution to criminalize flag burning for the fifth time in eight years.
The one-line change to the Constitution -- "The Congress shall have power to prohibit the physical desecration of the flag of the United States" -- was approved by a 300-125 vote Tuesday as a pair of holidays approaches: Flag Day on June 14 and Independence Day in July.
U.S. Rep. Tim Ryan, D-Niles, was one of only two members of the Ohio delegation to vote against the measure. U.S. Rep. Ted Strickland, D-Lisbon, supported the measure.
"Our founding fathers recognized the importance of free speech, and I was elected to protect that right," stated Ryan, explaining why he voted no.
"If we allow an amendment that decreases the protections found within the Bill of Rights, it sets a dangerous precedent to which I will not be a party. I will always stand to protect the First Amendment, as I will always stand to protect the U.S. Constitution."
A press release issued by his office says Ryan did vote in favor of a substitute amendment that the congressman said specified that the First Amendment would have to be upheld in any measure to protect the flag.
Tough time in Senate?
Senate passage is less likely. The constitutional amendment needs a two-thirds majority in the House and Senate and approval by three-fourths of state legislatures.
Burning an American flag shows disrespect for America, and the majority of the American people approve of legally protecting Old Glory, supporters said. "If we allow its defacement, we allow our country's gradual decline," said Rep. Steve Chabot, R-Ohio.
But many opponents say the legislation would limit free-speech rights.
"The whole purpose of the underlying constitutional amendment is to stifle political expression that we find offensive," said Rep. Robert Scott, D-Va. "While I agree that we should respect the flag, I do not think it is appropriate to use the criminal code to enforce our views on those who disagree with us."
It is unlikely that the GOP-controlled Senate will take up the constitutional amendment this year, said Senate Judiciary Chairman Orrin Hatch, R-Utah, one of the bill's Senate supporters. The Senate has never passed the legislation under Republican or Democratic control.
"It's always an uphill battle, but we're hoping we can get it done," Hatch said. "Maybe not this year, but at least probably next year."
The Bush administration supports the legislation, the White House said.
Lawmakers have debated the flag amendment almost annually since a 5-4 Supreme Court decision in 1989 saying flag-burning was a protected free-speech right. That ruling overturned a 1968 federal statute and flag-protection laws in 48 states.
In 1990, Congress passed another law protecting the flag, but the Supreme Court that year, in another 5-4 ruling, struck it down as unconstitutional. Since then, the House has approved flag amendments in 1995, 1997, 1999 and 2001, all by more than 300 votes.