Can you get fined if you burn an American flag?

Question

I don't do it, but, I know people that do it. Can they get fined or sent too jail for doing it?

Answer 1

American Flag Etiquette.

Federal law stipulates many aspects of flag etiquette. The section of law dealing with American Flag etiquette is generally referred to as the Flag Code. Some general guidelines from the Flag Code answer many of the most common questions:

The flag should be lighted at all times, either by sunlight or by an appropriate light source.

The flag should be flown in fair weather, unless the flag is designed for inclement weather use.

The flag should never be dipped to any person or thing. It is flown upside down only as a distress signal.

The flag should not be used for any decoration in general. Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top.

The flag should never be used for any advertising purpose. It should not be embroidered, printed or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use.

Advertising signs should not be attached to the staff or halyard.
The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, fireman, policeman and members of patriotic organizations.

The flag should never have any mark, insignia, letter, word, number, figure, or drawing of any kind placed on it, or attached to it.

The flag should never be used for receiving, holding, carrying, or delivering anything.

When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms. To store the flag it should be folded neatly and ceremoniously.

The flag should be cleaned and mended when necessary.

****(When a flag is so worn it is no longer fit to serve as a symbol of our country, it should be destroyed by burning in a dignified manner.)****

Answer 2

No, it's protected by the First Amendment as free speech. Unless the burning of the flag causes injury to someone other than yourself, you cannot be fined or arrested (however you can be kicked out or banned from that location, or cited for trespassing, if it's private property.

Answer 3

No - it's a protected form of speech. The Supreme Court has so decided. And every year since that decision was handed down, the American Legion has tried to get Congress to pass a law criminalizing the act.

Answer 4

No. You can't. If the local government is sending you to jail, you can bring it up to the supreme court. On the bounds of the first ammendment, the government cannot restrict your right to protest. This includes Nazi-ism and KKK-ism. Unless you harm the rights of another, you cannot be fined/jailed for any form of protest for any form of organization (just or not).

Answer 5

Nope. it's freedom of speech according to the supreme court, and thus legally protected.

Unless they were using the flags to start fires on other's property- that's called arson. but burning a flag in and of itself is perfectly legal.

Answer 6

They wont get fined. But they might get a good old fashioned butt whoopin' if they do it in the wrong place. This is actually the way you are supposed to dispose of weather tattered flags.

Answer 7

No, but you can get fined for arson. Defiling the flag is an immoral act but not one that is illegal. Burn away.

Answer 8

Actually, if the American flag is totally messed up, the propper thing to do is to bun it (it's actually the respectful thing to do). so no... you can not get a fine for burning one.

Answer 9

If you are living in US and burn their flag you will be arrested and fined both .You should be. Why do you do such acts? You should be deported.

Answer 10

Where I live...no.

But as for people living in the states, I don't think so. But they should. Even if they are not American it is disrespectful.