PETITIONS AND MEMORIALS (Senate - June 29, 1993)

[Page: S8227]

POM-171. A concurrent resolution adopted by the Legislature of the State of Kansas; to the Committee on the Judiciary.

`House Concurrent Resolution No. 5006

`Whereas, the Flag of the United States is the most recognized and cherished symbol of a grateful nation and no other American symbol has been as universally honored as the American Flag; and

`Whereas, the United States remains the destination for millions of immigrants attracted by the freedoms of liberty, equality and expression; and

`Whereas, while the right of expression is a principal freedom provided by the United States Constitution, very carefully drawn limits of expression in specific instances have long been recognized as legitimate means in maintaining public safety and decency, as well as providing order and value to public debate; and

`Whereas, certain actions, while related to an individual's right to free expression, nevertheless raises issues concerning public decency, peace, rights of expression and the values of others; and

`Whereas, the law as interpreted by the United States Supreme Court no longer accords the Flag the reverence, respect and dignity befitting the banner of that most noble experiment of a nation-state; and

`Whereas, it is only fitting that people everywhere should lend their voices to a forceful call for restoration to the Flag of a proper station under law and decency; and

`Whereas, More than 500 Kansas veteran, fraternal and civic organizations have joined many city and county bodies of Government in signing resolutions calling upon the Kansas legislature to approve a resolution petitioning the Congress of the Unites States to propose a Constitutional Amendment to allow states the authority to pass laws prohibiting the physical desecration of the Flag of the United States; and

`Whereas, Kansans believe the right to express displeasure with government is a cherished right protected by the First Amendment, however, Kansans also believe that the desecration of the American Flag is an atrocious act which should be prohibited: Now, therefore, be it

`Resolved by the House of Representatives of the State of Kansas, the Senate concurring therein, That the Legislature petition the Congress of the United States to submit an amendment to the United States Constitution, for ratification by the states, specifying that Congress and the states shall have the power to prohibit the physical desecration of the Flag of the United States; and be it further

`Resolved, That the Secretary of State be directed to send enrolled copies of this resolution to the Speaker of the United States House of Representative, the President of the United States Senate and all members of the congressional delegation from the State of Kansas.'