Pledge Protection Act of 2004

PLEDGE PROTECTION ACT OF 2004 -- (Extensions of Remarks - September 29, 2004)

SPEECH OF
HON. DENNIS MOORE
OF KANSAS
IN THE HOUSE OF REPRESENTATIVES

THURSDAY, SEPTEMBER 23, 2004

The House in Committee of the Whole House on the State of the Union had under consideration the bill (H.R. 2028) to amend title 28, United States Code, with respect to the jurisdiction of Federal courts inferior to the Supreme Court over certain cases and controversies involving the Pledge of Allegiance:

Mr. MOORE. Mr. Chairman, I rise today in opposition to H.R. 2028, the Pledge Protection Act of 2003.
The American flag is a symbol of liberty and justice, of freedom of speech and expression, as well as the other freedoms we cherish which are guaranteed in the Bill of Rights. But even more important than the symbol are the ideals and principles that the symbol represents. I believe the best way to honor the American flag is not to wrap ourselves in it, but to respect and honor the values for which it stands. That our nation can tolerate disrespect for our flag is proof of the enduring strength of our nation.

As a veteran who served in the U.S. Army and Army Reserves, I know how deeply our veterans love and revere our flag. I share those feelings for our flag and all that it represents.

Our democracy has withstood many tests over time, and has been strengthened as a result. There is no more important protection provided by the First Amendment than its protection of political speech and expression.

In a letter to Senator PATRICK LEAHY of Vermont dated May 18, 1999, now-Secretary of State (then General) Colin L. Powell wrote, to express his concerns regarding a constitutional amendment banning flag burning, "the First Amendment exists to insure that freedom of speech and expression applies not just to that with which we agree or disagree, but also that which we find outrageous. I would not amend that great shield of democracy to hammer a few miscreants. The flag will still be flying proudly long after they have slunk away."

I agree wholeheartedly with Secretary Powell's statement, and believe it applies here as well. The Pledge of Allegiance is an invaluable part of our national heritage, but we must also bear in mind the immeasurable significance of the First Amendment to the United States Constitution.

Finally, I have deep concerns about current efforts to deny the federal courts, including the Supreme Court, the ability to review the constitutionality of our federal laws. I believe preserving our three-branch system of government is in our nation's best interest.

END