Expressing Deep Concern over the United States Supreme Court Decision on Flag Burning

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Bill No. 89 -61 Resolution No. _ 0 I A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING DEEP CONCERN OVER THE UNITED STATES SUPREME COURT DECISION ON FLAG BURNING WHEREAS, on June 21, 1989, the U.S. Supreme Court handed down a 5 -4 decision which provides that the burning of the American flag as a form of "political protest" is protected by the Constitution's free speech guarantees; and WHEREAS, currently forty -eight (48) states and the federal government have laws against flag - burning, all of which have been jeopardized by this Supreme Court ruling, and; WHEREAS, since the decision was handed down, "Old Glory" has been flying across the nation by millions of Americans as a sign of "positive protest" against the decision; and WHEREAS, debate is currently taking place on a constitutional amendment to make desecration of the United States flag a crime; and WHEREAS, since 1925, the State of Indiana has recognized June 14th as "Flag Day" as a "day of observance by the people" to display Old Glory (I.C., 1- 1- 11 -1); and WHEREAS, since 1901, the State of Indiana, has declared that "any person who knowingly or intentionally, and publicly, damages, defiles, or walks on a United States flag, standard, or ensign, or a picture or representation of such a flag, standard, or ensign, commits flag desecration, a Class A Misdemeanor." (I.C., 35- 45 -1 -4). NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby voices serious and deep concern over the United States Supreme Court Decision on flag burning. SECTION II. The Council urges the citizens of South Bend to contact their state and federal representatives on this issue and encourages acts of "positive protest." SECTION III. The Council requests the City Clerk to send copies of this Resolution to the U.S. Supreme Court, President Bush, and to our federal and state representatives and senators. SECTION IV. The Council encourages all South Bend citizens to fly the United States flag on national holidays and throughout the year as a demonstration of support for "Old Glory" as a symbol of our nation's freedom. SECTION V. This effect from and after approval by the Mayor. PRESENTED 'I-10- � I NOT APPROVED ADOPTED-1-10-0 Resolution shall be in full force and its adoption by the Common Council and