Current Status Introducing Body:House Bill Number:4533 Primary Sponsor:J. Brown Committee Number:25 Type of Legislation:CR Subject:Confederate Flag Residing Body:House Current Committee:Judiciary Computer Document Number:BBM/10836JM.94 Introduced Date:19940118 Last History Body:House Last History Date:19940118 Last History Type:Introduced, referred to Committee Scope of Legislation:Statewide All Sponsors:J. Brown Govan Scott Hines Cobb-Hunter Breeland Whipper Moody-Lawrence Neal Byrd J. Bailey McMahand Type of Legislation:Concurrent Resolution
Bill Body Date Action Description CMN Leg Involved
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4533 House 19940118 Introduced, referred to 25
Committee
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TO DECLARE THAT THE CONFEDERATE FLAG BE REMOVED FROM ATOP THE STATE HOUSE.
Whereas, freedom of expression is not a collective right of states or public institutions, but rather an individual right of each citizen, protected by the First and Fourteenth Amendments of the Constitution of the United States; and
Whereas, that right is unlawfully infringed not only whenever a citizen is denied the freedom to peaceably express himself but also whenever he is compelled to participate in any expression against his will; and
Whereas, the navy jack (alias battle flag) of the Confederate States of America, daily flown over the State House, is not a duly adopted official banner of either the United States of America or the State of South Carolina and, therefore, is flown not as an official representation of either but rather as a form of symbolic speech or expression; and
Whereas, there are citizens of South Carolina who do not choose to participate in such expression and who find it contrary to their sincerely held religious and philosophical convictions and violative of their moral consciences to do so but who are compelled to do so by virtue of their involuntary support of the State House through compulsory taxation; and
Whereas, the members of the General Assembly oppose the practice of flying the Confederate flag over the State House or any public property other than property dedicated exclusively to the function of a war memorial or museum, and, further, some find this practice to be in violation of each citizen's constitutional right to be free of the imposition of compulsory symbolic speech or expression; and
Whereas, the General Assembly feels that the Confederate flag should be permanently removed from atop the State House. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly declares that the Confederate flag be removed from atop the State House.