CONCORD A state senator said its time to ask New Hampshire voters whether they want to make flag burning an unlawful expression of free speech.

Sen. Harold French, R-Franklin, presented to the Senate Election Laws and Municipal Affairs Committee Thursday a proposed amendment to the New Hampshire Constitution (CACR 19) to make it illegal to burn a flag except as a respectable means of disposing of a worn or damaged one.

People had the right to express themselves, but as I got older I realized it was not just the flag; it was a symbol of unity. As all of us look at that flag, we see the same thing and that is the unity the flag brings to us, French said.

There are other instances that we prohibit things which could be considered freedom of speech. This is just one other I would like to add to that.

Jeanne Hruska, political director for the American Civil Liberties Union of New Hampshire, said even if adopted by voters, the law would last as long as it took a judge to examine it and conclude it violated the U.S. Constitution.

This amendment is very much about speech and protest, including peaceful protest, since incitement to violence is already illegal, Hruska said. Burning the flag may be offensive speech to many, but it is the kind of speech that is most important to protect if free speech is to retain its meaning.

The first flag protection amendment was passed by Congress in 1968 in response to protests against the Vietnam War.

Over time, 48 of the 50 states adopted their own flag protection laws, but the U.S. Supreme Court in 1989 struck them all down as unconstitutional in a 5-4 ruling.

When Congress adopted another law in response, the court voted 5-4 to knock that one down, too.

Congress then spent nearly the next decade trying to get the necessary two-thirds vote to amend the U.S. Constitution. The movement passed the U.S. House but finally died in the U.S. Senate by a single vote in 2006.

Freedom of speech is a fundamental right enjoyed by citizens in this country, said liberal activist Nancy Brennan of Weare.

Although I have no desire to burn the American flag, I do understand why some people may feel so disenfranchised, so angry about something that they burned or desecrated the flag.

The hearing was sparsely attended, though six senators have signed on to the amendment, including first-term Sen. Jon Morgan, D-Brentwood.

The hearing featured some spirited debate.

I have to say I feel the Supreme Court was wrong-headed in that decision, said Sen. Regina Birdsell, R-Hampstead and a Coast Guard veteran.

We have had numerous people who died under the flag. Its a desecration to them that others are allowed to burn the flag.

Sen. Tom Sherman, D-Rye, said many in his family fought against the Nazis in World War II, including an uncle whom he never met.

I find it absolutely abhorrent to burn the American flag. My family has been here since the origins of the nation. Can I put in a constitutional amendment next year to end hate speech? What is going to stop us from stopping this kind of speech? Sherman asked rhetorically.

Sen. Melanie Levesque, D-Brookline, tried to stay in the political median for now.

Our freedom of speech is also very important. Without weighing in here I can understand both sides, Levesque said.

Amendments to the State Constitution require at least a three-fifths majority vote in the House of Representatives and the State Senate.

Then,without the governors involvement, the question automatically would be placed on the November 2020 ballot, requiring a two-thirds vote to be adopted.

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Franklin Republican wants to make it a crime to burn symbol of liberty - The Union Leader