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Many Members of Congress see continued tension between "free speech" decisions of the Supreme Court, which protect flag desecration as expressive conduct under the First Amendment, and the symbolic importance of the United States flag. Consequently, every Congress that has convened since those decisions were issued has considered proposals that would permit punishment of those who engage in flag desecration. The 106th Congress narrowly failed to send a constitutional amendment to allow punishment of flag desecration to the States. In the 107th Congress, one such proposal was passed by the House. In the 108th Congress, the House Judiciary Committee has favorably reported a proposed constitutional amendment to allow punishment of flag desecration on a vote of 18-13.

Free expression and the right to dissent are among the core principles which the American flag represents. The First Amendment must be protected most when it comes to unpopular speech. Failure to do so fails the very notion of freedom of expression. Our democracy is strong because we tolerate all peaceful forms of expression, no matter how uncomfortable they make us feel, or how much we disagree. If we take away the right to dissent - no matter how unpopular - what freedom will be sacrificed next?

"Symbolic expression" is a phrase often used to describe expression that is mixed with elements of conduct. The Supreme Court has made clear in a series of cases that symbolic expression (or expressive conduct) may be protected by the First Amendment. Several of these cases have been highly controversial--perhaps none more so than Texas vs Johnson (1990) reversing the conviction of a man who expressed his strong displeasure with U. S. policy by burning an American flag.