Jeff Miller: “I rise today to offer my unwavering support for H.R. 5037, the Respect for America's Fallen Heroes Act. I am proud to be…”

“I rise today to offer my unwavering support for H.R. 5037, the Respect for America's Fallen Heroes Act. I am proud to be an original cosponsor of this bill. The rights of free speech and expression under the Constitution's First Amendment are not absolute, and there are many U.S. Supreme Court decisions interpreting and explaining the right and its limits. As Chairman Buyer explained, there are several judicial precedents which make clear that H.R. 5037 is constitutional. On April 6, the Subcommittee on Disability Assistance and Memorial Affairs, the subcommittee I chair, took testimony on this bill. Said David Forte, Professor of Law, Cleveland-Marshall College of Law, Cleveland State University, in written testimony submitted to the Subcommittee: ``There are thus two constitutional issues to be confronted: (1) Does the ban on ``certain'' demonstrations meet the requirement of First Amendment law as laid down in Supreme Court precedents, and (2) Is the discretion lodged in the cemetery superintendent to permit exceptions fall within an acceptable constitutional range? I conclude that the answer to both questions is in the affirmative and that the bill is well within constitutional limits. Mr. Speaker, at this time I ask unanimous consent that Mr. Forte's statement be included in the Congressional Record. I have visited the troops in Afghanistan and Iraq several times over the years.…”