S.C. lawmakers: Ban would pass with relative ease
By Andrew Dys The Herald

(Published June 24‚ 2005)

If the U.S. Congress passes a constitutional amendment banning burning of the American flag, South Carolina's General Assembly would certainly ratify it, area legislators said Thursday.

"There is no doubt, none whatsoever, that South Carolina would ban burning the flag, and I would vote for it," said Herb Kirsh, D-Clover and the second-most senior member of the S.C. House of Representatives. "Argue about stuff? Great. But burn the flag? No way."

Rep. Gary Simrill, R-Rock Hill, said he also was certain the Legislature would pass the amendment with little opposition.

"It's our symbol," Simrill said. "I'm all for free speech, but not burning the symbol of this country."

But the American Civil Liberties Union's executive director for South Carolina vowed that its state and national chapters have galvanized to fight the amendment.

The U.S. House voted Wednesday to pass the amendment, but the Senate has not yet taken up the issue. At least 38 states would have to ratify any amendment passed by the Congress within seven years for it to become law.

The ACLU is opposing the amendment with all its political muscle in Washington, said Denyse Williams, executive director of the South Carolina chapter. Even though the house passed the amendment idea, support is eroding and the U.S. Senate probably won't vote on the issue, Williams said.

"This is a free speech issue, and we are very strongly supporting the freedom of people on this one," Williams said.

Rock Hill lawyer Thomas F. McDow, who has argued court cases before for the ACLU, said he was "astounded at this foolish attempt" by the Congress to erode free speech.

"The reason this country is so great is there is a right to burn the flag," McDow said. "I don't approve of burning the flag. But I approve of the right to do it. People in America are free to publicly and openly criticize the government and not be threatened by the government."

The national Veterans of Foreign Wars has lobbied Congress for years to pass a flag burning ban, said Johnnie Robinson, commander of Rock Hill's VFW Post 2889. Local veterans groups would rally behind politicians who voted to make flag burning illegal, said Wallace Coleman, commander of the Fort Mill American Legion Post 43.

"Every time I see a flag burned improperly, it makes me sick," Coleman said. "That's not what we fought for."

The flag burning issue is often a hot topic at veterans' meetings, and Coleman expects the next meeting in Fort Mill July 7 to center on the amendment.

"It will come up, and people will let their representatives know they want flag burning outlawed," Coleman said.

Andrew Dys • 329-40565

adys@heraldonline.com

What's next?

The U.S. House voted Wednesday to pass the flag amendment, but the Senate has not yet taken up the issue. At least 38 states would have to ratify any amendment passed by the Congress within seven years for it to become law.

Copyright © 2005 The Herald, Rock Hill, South Carolina