Issue 71, Fall 1998

The House of Representatives has approved, and the Senate is perilously near approving, an amendment to the United States Constitution to prohibit “desecration” of the flag. Pressure has been building since the Supreme Court ruled in 1989 that burning an American flag in political protest is protected by the First Amendment (Texas v. Johnson). If the amendment, SJ 40, is approved by two-thirds of the Senate, and ratified by three-fourths of the states, it becomes part of the Constitution. All state legislatures, except Vermont, have indicated they will ratify an amendment.

NCAC opposes the Amendment. For our statement to the Senate Judiciary Committee, click here.