FLAG CODE REVISION

HEARING

BEFORE THE

4 - OCT 1 8
Copy

1974

SUBCOMMITTEE ON FEDERAL CHARTERS,
HOLIDAYS, AND CELEBRATIONS,

U. S. Congress. Senate

OF THE

COMMITTEE ON THE JUDICIARY.

UNITED STATES SENATE

NINETY-THIRD CONGRESS

For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 - Price 85 cents

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

SUBCOMMITTEE ON FEDERAL CHARTERS, HOLIDAYS, AND CELEBRATIONS

ROMAN L. HRUSKA, Nebraska, Chairman

THOMAS B. COLLINS, Subcommittee Counsel

Testimony of John G. Tower, U.S. Senator from Texas, accompanied by
Patricia Watkins, legislative assistant..

Testimony of Edward J. Gurney, U.S. Senator from Florida, accompanied
by James E. Hinish, Jr., legislative assistant___

Testimony of Allen W. Finger, executive secretary, United States Flag
Foundation, New York, N.Y., and Mrs. William D. Leetch, honorary
vice president, American Coalition of Patriotic Societies, Inc., Vero
Beach, Fla.

Testimony of Claiborne Pell, U.S. Senator from Rhode Island.
Testimony of Francis W. Stover, director, National Legislative Service,
Veterans of Foreign Wars of the United States, accompanied by Cooper
T. Holt, executive director, Washington office, Veterans of Foreign
Wars of the United States__

Testimony of Daniel J. O'Connor, chairman, National Americanism Com-
mission, The American Legion, accompanied by Charles E. Mattingly,
deputy legislative director, The American Legion, and Charles E.
Masters, assistant Americanism director, The American Legion..........
The text of S. 340, "To establish a commission to study the usage, customs,
and laws relating to the flag of the United States".

The text of Senate Joint Resolution 91,"To amend the joint resolution
entitled 'Joint resolution to codify and emphasize existing rules and
customs pertaining to the display and use of the flag of the United States
of America'."

The text of Public Law 77-829, December 22, 1942, “To amend Public Law
Numbered 623, approved June 22, 1942, entitled 'Joint resolution to
codify and emphasize existing rules and customs pertaining to the dis-
play and use of the flag of the United States of America'."
Additional material submitted by Allen W. Finger, executive secretary,
United States Flag Foundation:

Letter, dated May 30, 1974, from Asa E. Phillips, Jr., president,
American Coalition of Patriotic Societies, Inc. -

Partial list of officers and directors of the American Coalition of Pa-
triotic Societies, Inc., dated June 1, 1974..

List of cooperating societies with the American Coalition of Patriotic
Societies, Inc., dated October 15, 1973_...

Additional material submitted by Francis W. Stover, director, National
Legislative Service, Veterans of Foreign Wars of the United States:
Letter, dated July 21, 1972, from Raymond B. Edwards, Veterans of
Foreign Wars of the United States, to Mel Stephens, White House,
with an accompanying paper on revision of the flag code...
Resolution No. 110, "Respect for Our Flag," of the Veterans of
Foreign Wars of the United States, dated August, 1973.
Resolution No. 113, "Respect for National Anthem at Public Gather-
ings," of the Veterans of Foreign Wars of the United States, dated
August, 1973..

Resolution No. 116, "Fly the Flag of the United States Day and
Night at VA Hospitals," of the Veterans of Foreign Wars of the
United States, dated August, 1973---

42

Resolution No. 87, "Revision of Public Law 829-77 (Flag Code)," dated
August, 1972, submitted by Daniel J. O'Connor, chairman, National
Americanism Commission, The American Legion_

Opinion, Supreme Court of the United States, Smith, Sheriff v. Goguen,
submitted by Sen. Roman L. Hruska..

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FLAG CODE REVISION

FRIDAY, JUNE 7, 1974

U.S. SENATE

SUBCOMMITTEE ON FEDERAL CHARTERS, HOLIDAYS, AND

CELEBRATIONS, OF THE COMMITTEE ON THE JUDICIARY,
Washington, D.C.

The subcommittee met, pursuant to call, at 10:05 a.m., in room 2228, Dirksen Senate Office Building, the Hon. Roman L. Hruska (chairman), presiding.

Present: Senator Hruska.

Also present: Thomas B. Collins, Counsel and Nancy E. Darr, Staff Assistant.

Senator HRUSKA. The subcommittee will come to order.

Today the subcommittee is meeting to hear testimony on two legislative proposals which contemplate the revision of the United States flag code. Notice of this hearing appeared in the Congressional Record on May 14, 1974.

S. 340 was introduced by the senior Senator from Texas, Mr. Tower, for himself and the Senator from Rhode Island, Mr. Pell. The purpose of this bill is to establish a commission to study the usage, customs, and laws relating to the flag code.

The second measure, Senate Joint Resolution 91, was introduced by the senior Senator from Florida, Mr. Gurney, and would call for a comprehensive revision and recodification of the existing flag code, which was enacted on December 22, 1942. [56 Stat. 1074]. That enactment was for the purpose of codifying the existing regulations pertaining to the use and display of the U.S. flag. Since that time, the code has served as a useful guide to civilians and civilian organizations in properly displaying and honoring our flag.

In recent years, the flag code has been subject to a multitude of differing interpretations. These various interpretations have created a good deal of confusion among our citizens with regard to the proper use of our flag. It has become apparent that some of the long-standing customs and usages are outdated and need to be revised. Other provisions of the flag code seem to need clarification and reemphasis. Many patriotic organizations and interested individuals have expressed great concern over this matter.

As we continue to move closer to the Bicentennial Celebration, it seems appropriate that Congress thoroughly and carefully review the code of conduct governing the use of our flag, the honored symbol of our proud Nation.

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