Congress should propose a constitutional amendment banning physical desecration of the U.S. flag, says a resolution passed Wednesday by the state’s Assembly 77-21. The measure goes to the Senate.
The resolution’s sponsor, Rep. Robert Zukowski (R-Thorp), said destroying or defacing the national flag has nothing to do with free speech.
“It’s violence against the people of the United States. You desecrate the flag, you desecrate the people,” Zukowski told lawmakers.
The resolution asks Congress to seek an amendment to the Constitution prohibiting physical desecration of the banner.
Zukowski cited an Appleton youth who defecated on a flag and left it on a clubhouse step at a golf course in June 1996. Matthew Janssen, 18, who had said he did it as a protest against the government, was sentenced to jail on a series of related theft counts.
Outagamie County Circuit Judge John Des Jardins dismissed a flag-desecration charge as unconstitutional. He ruled that the seldom-used 1919 state law is vague and overly broad. District Atty. Vince Biskupic is appealing the ruling.
Rep. Robert Dueholm (D-Luck), urged lawmakers to oppose the Assembly resolution. He said the amendment would compromise freedom and the right to free speech guaranteed in the U.S. Constitution.
