Is burning the American Flag illegal?

Question

I'm not American, but just wondering, I don't think it should be illegal even if I was American, because you should have the right of expression.

Why should burning a piece of fabric be illegal?

I am not for burning a flag, I would never do it, but I don't think it should be illegal.

Jillibean, what gave you the idea that I am living in the US?, I'm not, you have no right to call me a idiot.

Answer 1

No. But it should be illegal.

Flag Etiquette

Section 173: Display and use of flag by civilians; codification of rules and customs; definition The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purposes of this chapter shall be defined according to sections 1 and 2 of Title 4 and Executive Order 10834 issued pursuant thereto.

Section 174: Time and occasions for display; hoisting and lowering

It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flag staffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness.
The flag should be hoisted briskly and lowered ceremoniously.
The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed.
The flag should be displayed on all days, especially on:
New Year's Day - (January 1)
Inauguration Day - (January 20)
Lincoln's Birthday - (February 12)
Washington's Birthday - (third Monday in February)
Easter Sunday - (variable)
Mother's Day - (second Sunday in May)
Armed Forces Day - (third Saturday in May)
Memorial Day {half-staff until noon} - (last Monday in May)
Flag Day - (June 14)
Independence Day - (July 4)
Labor Day - (first Monday in September)
Columbus Day - (second Monday in October)
Navy Day - (October 27)
Veterans Day - (November 11)
Thanksgiving Day - (fourth Thursday in November)
Christmas Day - (December 25)
Other days as may be proclaimed by the President of the United States
Birthdays of States (date of admission)
State holidays


The flag should be displayed daily on or near the main administration building of every public institution.
The flag should be displayed in or near every polling place on election days.
The flag should be displayed during school days in or near every schoolhouse.
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Section 175: Position and manner of display

The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line.

The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section.
The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.
No other flag or pennant should be placed above, or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.
The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag.
The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.
When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right.
When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.
When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half-staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building.
When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.
When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street.
When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience.
The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument.
The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day.
On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff.

The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day.

As used in this subsection -

1. the term "half-staff" means the position of the flag when it is one-half the distance between the top and bottom of the staff;

2. the term "executive or military department" means any agency listed under sections 101 and 102 of title 5; and

3. the term "Member of Congress" means a Senator, a Representative, a Delegate, or the Resident Commissioner for Puerto Rico.


When the Flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground.
When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.
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Section 176: Respect for flag

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
The flag should never be carried flat or horizontally, but always aloft and free.
The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general.
The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.
The flag should never be used as a covering for a ceiling.
The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkin or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.
The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.
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Section 177: Conduct during hoisting, lowering or passing of flag

During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes.

Section 178: Modification of rules and customs by President

Any rule or custom pertaining to the display of the flag of the United States of America, set forth in section 171-178 of this title, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation.

Ceremony for the Disposal of Unserviceable Flags


The Post assembles in meeting, out-of-doors, at night. Members are aligned in two parallel rows about twenty feet apart, facing each other. Officers at their stations as shown. A small fire is burning opposite the Commander and beyond the rows of members.

Sergeant-at-Arms: "Comrade Commander, we wish to present a number of unserviceable Flags of our Country for inspection and disposal."

Commander: "Comrade Sergeant-at-Arms advance with your detail and present the Flags for disposal and inspection."

(Sergeant-at-Arms calls his detail to attention. They form at the Post of the Sergeant-at-Arms, take the Flags which are to be inspected march abreast down center until opposite the Second Vice-Commander, turn right and halt two paces in front of the Second Vice-Commander. The Sergeant-at-Arms steps one pace forward and salutes.)

Sergeant-at-Arms: "Comrade Vice-Commander, we present these unserviceable Flags for your inspection."

Second Vice-Commander: "Is the present condition of these Flags the result of their usual service as the Emblem of our Country?"

Sergeant-at-Arms: "These Flags have become faded and worn over the graves of our departed comrades and the soldier and sailor dead of all our nation's wars."

Second Vice-Commander: "Present these Flags to the First Vice-Commander for his inspection." (The Sergeant-at-Arms salutes, about faces, commands the detail), "About Face," (crosses behind the detail and takes his post at its left, commands) "Forward March." (The detail marches to within two paces of the First Vice-Commander, halts and proceeds as before.)

Sergeant-at-Arms: "Comrade Vice-Commander, we present these Flags which have been inspected by the Second Vice-Commander, for your further inspection."

First Vice-Commander: "Have any of these Flags served any other purpose?"

Sergeant-at-Arms: "Some of these Flags have been displayed in various public places." First Vice-Commander: "Present them to the Commander for final inspection and fitting disposal."

(The Sergeant-at-Arms salutes, about faces, commands the detail), "About Face," (crosses behind the detail and takes position on its left commands), "Forward March." (The detail marches to center, turns left, halts within two paces of the Commander, Sergeant-at-Arms steps one pace forward and salutes.)

Sergeant-at-Arms: "Comrade Commander, we have the honor to present for final inspection and proper disposal these Flags of our Country."

Commander: "Have these Flags been inspected by the First and Second Vice-Commanders?"

Sergeant-at-Arms: "They have.

Commander: "Comrade Second Vice-Commander, what does your inspection show and what do you recommend?"

Second Vice-Commander: "Comrade Commander, since these Flags have become unserviceable in a worthy cause, I recommend that they be honorably retired from further service."

Commander: "Comrade First Vice-Commander, what does your inspection show and what do you recommend?"

First Vice-Commander: "Comrade Commander, since these Flags have become faded and worn in a tribute of service and love, I also recommend that they be fittingly destroyed."

Commander: "Comrades, we have presented here these Flags of our Country which have been inspected and condemned as unserviceable. They have reached their present state in a proper service of tribute, memory and love.

"A Flag may be a flimsy bit of printed gauze, or a beautiful banner of finest silk. Its intrinsic value may be trifling or great; but its real value is beyond price, for it is a precious symbol of all that we and our comrades have worked for and lived for, and died for-a free Nation of free men, true to the faith of the past, devoted to the ideals and practice of Justice, Freedom and Democracy.

"Let these faded Flags of our Country be retired and destroyed with respectful and honorable rites and their places be taken by bright new Flags of the same size and kind, and let no grave of our soldier or sailor dead be unhonored and unmarked. Sergeant-at-Arms, assemble the Color Guard, escort the detail bearing the Flags and destroy these Flags by burning. The members shall stand at attention."

(Color Guard forms. The detail about faces. Preceded by the Color Guard the detail marches down center to the fire. National Colors cross over and take position on the right of the fire, facing the Commander. Post Standard takes position on left of fire. The detail lines up behind the fire, which is burning low.)

Commander: "The Chaplain will offer prayer."

Chaplain: "Almighty God, Captain of all hosts and Commander over all, bless and consecrate this present hour.

"We thank Thee for our Country and its Flag, and for the liberty for which it stands. "To clean and purging flame we commit these Flags, worn-out in worthy service. As they yield their substance to the fire, may Thy Holy Light spread over us and bring to our hearts renewed devotion to God and Country. Amen."

Commander: "Hand salute."

(Color Guards present arms. Post Standard is dipped. All officers and members except those on the Flag detail salute. Members of the Flag detail dip the condemned Flags in kerosene and place them on a rack over the fire).

(Bugler sounds "To the Colors.")

Commander: (at conclusion of "To the Colors") "Two."

(The Color Guard shall resume its station and detail is dismissed.)

(Color Guard advances down center and places Colors. Members of the detail resume their places among the members.)

Answer 2

No, the burning of the American Flag is still not illegal, but if the Republicans have their way then it will become illegal. This form of protest was made famous in the 1960s anti-Vietnam War protests, and it is popular with the enemies of the US.

Now here's the kicker. The proper way to handle an American Flag that has been disgraced is to burn it. So if it is illegal to burn an American Flag then how do you treat a ruined flag?

If the law to make the burning of the American Flag to be illegal then the ACLU (American Civil Liberties Union) will fight it. It is a valid form of protest and as a famous American said, 'I may not agree with what you say, but I will die for your right to say it." Since I was a soldier during Desert Storm this phrase has a special meeting for me.

Most of the people, who burn the American Flag, are not US citizens. So how do we treat them? Does the US plan on prosecuting a citizen of another country for violating a US law? That is plain stupid.

So in the meantime whenever I see people disgracing the American Flag I am glad that they end up burning it so they won’t have the chance to disgrace it again. I also would rather have people burning American Flags instead of shooting Americans.

CrazdSqui...and Mere_Mort...: There are no laws that prevent burning the American Flag, and if any exist that I don’t know about then they are illegal and trumped by the US Constitution and the First Amendment.

Jager_57: and gesswh0: understand the issue.
cupidgirl: and Pamela N do not understand the issue.

Rob Gordon and Warren Peace: Don't understand the Constitution of the United States of America. I would rather see the burning of a billion or a zillion American Flags rather than see the death of one person (American, enemy, ally, or even Warren Peace). Burning the American Flag compares to the savage destruction of the World Trade Center is like comparing the death of a single virus with an antibiotic with using an Atomic Bombs on China to try and kill off the Bird Flu, and it makes just as much sense.

themrpine: Knows the what I mean when I say that a ruined flag has to be disposed of by burning it.

djonecat@... and Laura: don’t understand the Bill of Rights and the First Amendment.

bigkountr...: So do I have to call in a Boy Scout whenever I find a ruined flag? Why don’t we station some of them in Iraq and Afghanistan to handle those flags? Anyone can burn a ruined flag.

Zoo L: is just plain WRONG

Jillibean: We are trying to educate people here, not insult them. The only stupid question is the one that is never asked. People have to understand what freedom means.

wild_cobr...: Gives a lot of regulations, but he doesn’t understand the very freedoms that he was in the Military to protect.

JAmmy 09: Again doesn’t understand the issue. It is a freedom and a right to burn the American Flag in protest.

jack w, RedRose and Imrickjam... Hit the issue on the head.

roguetrad...: Is saying that the American Flag is more important than freedom and democracy. We have a phrase for those people; stupid fascist... (the dirty word of your choice).

butterfly...: Doesn't see the issue at stake here; the freedom to protest. I may not like it, but it is every American's right to do it, and I will defend that right to the point of my own death!

englander...The Founding Fathers DID mean to give people the right to burn the flag, it is just a piece of fabric and if you burn it you don't destroy or diminish what that symbol stands for. A law against burning the flag does diminish the flag itself.

I didn't mean to get so nasty here, but some people are really ignorant and we need to explain to people that our freedoms really matter to us, more than even our devotion to a symbol of those freedoms. The American Flag itself stands for the right to burn it. It has been a symbol to all freedom loving people worldwide. The rights of freedom that other people enjoy in other countries were all inspired by the rights that the Founding Fathers in the US granted their people when they wrote the US Constitution. You can’t only have the freedoms that you like, you have to allow those that you dislike as well. This is the meaning behind the quote I made. A person’s freedom ends that the start of someone else’s nose. No one has the freedom to punch or injure someone else. Burning a flag, any flag, may be seen as disgracing it, it may be offensive, and I for one don’t like it, but it doesn’t injure anyone and I HAVE to defend a person’s right to do it.

Answer 3

No!!
The Supreme Court has ruled that burning the American flag is a form of free speech that's protected by the US (United States) Constitution

Answer 4

I believe you'll discover that the United States Supreme Court has ruled that burning the U.S. flag is a form of free speech covered by the First Amendment in the Bill of Rights. Thats why there has recently been some discussion in Congress about passing laws to protect "Old Glory" from being used as 'free speech'.

Answer 5

It depends on the context. Traditionally, burning an old flag is the proper means of disposing of it, so that it cant end up being used as a rag. However, if you are burning it in protest, you may end up with public nuisance/disturbing the peace. And depending on the policeman that arrests you, you might be taking the "scenic route" to the police station. Having said that though, burning anything is most likely in violation of local burning laws.

Answer 6

"burning an American flag is just as bad as blowing up the trade centers.. "

Rob Gordon, are you out of your mind?

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The flag is a symbol and by destroying a symbol, you are registering a protest. That's all. Period.

America is full of brainwashed morons who don't think for themselves. Respect the flag or respect yourself? Are you an American first or your own person first? This patriotism makes me want to vomit.

I'm going to the flag shop right now and I'm gonna burn one for every dumbass answer I read to this question. For Rob's answer, I'm burning five.

Answer 7

Yes,it's a piece of fabric.Yes,the 1st Ammendment gives us the Right to Freedom Of Speech.BUT...our Founding Fathers never intended that burning the Ultimate Symbol of our Nation as part of that.It's more than just a piece of fabric! It's,as I said,the Symbol of our Nation and Brave,Great Men have fought,and died,and shed endless blood defending it which is the same as defending our Country that to burn what these Men made the Ultimate Sacrifices for is not only wrong,but Treasonous and thus,should be Illegal!

Answer 8

It is legal. That is also how you properly dispose of an old flag. It is ironic that the American Flag is a symbol of freedom, but when someone burns it by expressing their freedom of speech it becomes an anti-american act. That doesn't make sense, does it?

Answer 9

But burning an American flag is just as bad as blowing up the trade centers..

By burning a flag you are burning the very ideals of this country in effigy.

Answer 10

Not illegal, freedom of speech.
But if you're in America and you burn the American flag then I don't know what the hell you're doing here lolz

Answer 11

absolutely not. it's just a symbolic expression that just show opposition to some laws or limitations. however as a nation we feel unconfortable. in 1989 an amenment was introduced to prohibit the burning of the flag. however it was destroyed in the senate. in other to have an amenment it must be a broad subject. burning the flag limits just one freedom. however we should not burn our beautiful 50 stars- white and red flag.

thank you