Is it illegal to burn the American Flag?

Question

i saw it on the tv and was wondering if there was a penelty.

Answer 1

No.

The US Code provides that it is illegal to burn the flag, but the United States Supreme Court has held, several times, that burning the flag is a protected form of speech.

If you think about it, it really is speech. Which is why burning the flag is so controversial. When one sees the flag burning, it is not just a piece of cloth, it is a representation of the American country and its values.

Those who would support a constitutional amendment to protect the flag believe that the symbol is sancrosanct, and that there is never a justification for it.

Those who oppose it believe that, while it is just cloth, the burning of the flag is the strongest possible statement that America's values (like the flag) have gone up in flames, and that the leaders no longer stand for the values made dear by the country and its framers.

In any event, at least for now, you cannot be arrested for burning the flag (absent some other violation).

Answer 2

Burning American Flag

Answer 3

So is Cornell s information outdated? https://www.law.cornell.edu/uscode/text/18/700
18 U.S. Code § 700 - Desecration of the flag of the United States; penalties
Current through Pub. L. 114-19. (See Public Laws for the current Congress.)
US Code
(a) (1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
(2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.
(b) As used in this section, the term “flag of the United States” means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed.
(c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section.
(d)
(1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a).
(2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.

Answer 4

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RE:
Is it illegal to burn the American Flag?
i saw it on the tv and was wondering if there was a penelty.

Answer 5

Well, politicians WERE trying to get a law passed about making it illegal to burn a flag in PROTEST. It has always been legal to dispose of a flag by burning, rather than burying it in a dump ( considered bad taste / disrespectful in the old days ) So, technically, no, but in the future, maybe.

Answer 6

It is completely lawful to burn the American flag. This is considered a freedom of speech. I have seen the burning as well. It always seemed odd to me that people would burn the symbol of freedom in protest to the government which is put in place to sustrain this freedom. I would like to see what would happen to those burning the flag of Iran in Iran.

Answer 7

It is not constitutionally legal to burn the flag. Congress said it is okay to burn it for freedom of speech, and they said that because they are lazy asses that are afraid of what will happen to them if they didn't side with the radicals. It is still in the constitution as being illegal to burn in protest.

Answer 8

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Burning the flag is a constitutionally protected expression of protest against the government but you may be violating local laws and regulations, as well as state and federal laws and regulations, against burning things.

Answer 9

Only about a year ago there was a vote on this in Congress, and it was decided that it would remain legal to burn the flag as a part of free speech. However it is severly frowned upon so I wouldn't suggest doing it in public!

Answer 10

it is not illegal to burn the American Flag , the only reason it does become illegal is because of the " open flame " or fire on the flag when burning that becomes ilegal .