Amendment ASA1-AJR52

LRBs0151/1

JS:kaf:ijs

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY JOINT RESOLUTION 52

May 13, 1997 - Offered by Representative Zukowski.

AJR52-ASA1,1,3 Relating to: memorializing Congress to begin the process of amending the constitution to enable Congress and the states to enact legislation prohibiting the desecration of the American flag.

AJR52-ASA1,1,7 Whereas, our national symbol, the flag of the United States of America, embodies the spirit of liberty for freedom-loving Americans, and the American flag is symbolic of a persevering nation that, even today, remains the destination of millions of immigrants attracted by the universal power of the American ideal; and

AJR52-ASA1,1,11 Whereas, a wave of attacks on our national symbol has swept throughout the United States in recent years, creating intense outrage and an outpouring of disdain from a majority of Americans who are now demanding legislation to protect our symbol of democracy from acts of desecration; and

AJR52-ASA1,2,3 Whereas, Wisconsin residents were horrified by one such attack that occurred this past fall in which an 18-year-old Appleton anarchist defecated on an American flag and later left a note proclaiming: "The Anarchist platoon has invaded Appleton and as long as you put (American) flags up, we're going to burn them", and this individual was subsequently charged with a felony under the State of Wisconsin's 1919 flag desecration law; and

AJR52-ASA1,2,6 Whereas, many Wisconsinites were infuriated by a circuit court judge's decision to dismiss the flag desecration charge after stating that Wisconsin's flag desecration statute was "unconstitutional"; and

AJR52-ASA1,2,10 Whereas, although the right of free expression is part of the foundation of the U.S. Constitution, very carefully drawn limits on expression in certain instances have long been recognized as legitimate means of maintaining public safety and decency, as well as orderliness and productive values of public debate; and

AJR52-ASA1,2,14 Whereas, Wisconsin, since 1919, has had a flag desecration law that calls for a maximum penalty of 2 years in prison and a $10,000 fine, and this statute prohibits individuals from intentionally and publicly mutilating, defiling or casting contempt on the U.S. flag; and

AJR52-ASA1,2,18 Whereas, the laws as interpreted by the Supreme Court and many lower courts no longer accord to the Stars and Stripes that reverence, respect and dignity befitting the banner that is the property of every American and therefore worthy of protection from desecration and dishonor; and

AJR52-ASA1,2,25 Whereas, consistent tracking of public opinion confirms the broad-based, overwhelming support Americans hold for an amendment to the U.S. Constitution that would return to Congress the power to pass flag desecration laws, and poll conducted by a nationally recognized, nonpartisan group immediately after the 1996 presidential election shows that 76% of the American public believe that the flag desecration law on the national level should be strengthened in order to pass constitutional muster; now, therefore, be it

AJR52-ASA1,3,5 Resolved by the assembly, the senate concurring, That the members of the Wisconsin legislature respectfully urge the Congress of the United States to begin the process of amending the constitution to specify that Congress and the states have the power to prohibit the physical desecration of the flag of the United States; and, be it further

AJR52-ASA1,3,8 Resolved, That the assembly chief clerk shall provide copies of this joint resolution to the speaker of the U.S. house of representatives, the president of the U.S. senate and all members of this state's congressional delegation.

AJR52-ASA1,3,9 (End)