Is it against US Federal Law to burn the American Flag?

Question

Leaving aside the ethical implications of such an act for a moment, could anyone tell me if this is actually against US Law?

It came up in a discussion I was having with a friend. We both agree that it's an anti social and pretty pointless act to burn the flag of any nation but my friend swears blind that it's actually illegal in the US.

True or False?

Oh and can you please quote source if possible!

FRAGINAL-NOYPI, I said putting the ethical implications *aside* I just want the cold hard legal facts!

Answer 1

Flag Burning Laws - History of U.S. Laws Against Flag Burning

Establishment of State Flag Desecration Laws (1897-1932): In the years immediately following the Civil War, many felt that the trademark value of the American flag was threatened on at least two fronts: by many white Southerners' preference for the Confederate flag, and by business' tendency to use the American flag as a standard advertising logo. To respond to this perceived threat, 48 states passed laws banning flag desecration.

The First U.S. Supreme Court Ruling on Flag Desecration (1907): Most early flag desecration statutes prohibited marking or otherwise defacing a flag design, using the flag in commercial advertising, and showing "contempt" for flag in any way--by publicly burning, trampling on it, spitting on it, or otherwise showing a lack of respect for it. In Halter v. Nebraska (1907), the U.S. Supreme Court upheld these statutes as constitutional

Federal Flag Desecration Law (1968): In 1968, Congress passed the Federal Flag Desecration Law in response to a Central Park event in which peace activists burned American flags in protest against the Vietnam War. The law banned any display of "contempt" directed against the flag, but did not address the other issues dealt with by state flag desecration laws.

Supreme Court Rules That Verbal Disparagement of Flag is Protected Speech (1969): Civil rights activist Sydney Street, who had burned a flag at a New York intersection in protest against the shooting of civil rights activist James Meredith, was prosecuted under New York's desecration law for "defy(ing)" the flag. The Court overturned Street's conviction by ruling that verbal disparagement of the flag (one of the reasons for Street's arrest) is protected by the First Amendment--but did not directly address the issue of flag burning.

Supreme Court Rules Against Laws Banning "Contempt" of Flag (1972): After a Massachusetts teenager was arrested for wearing a flag patch on the seat of his pants, the Supreme Court ruled that laws vaguely banning "contempt" of the flag are unconstitutionally vague and violate the First Amendment's free speech protections.

The Peace Sticker Case (1974): In Spence v. Washington, the Supreme Court ruled that affixing peace sign stickers to a flag is a form of constitutionally protected speech. In the late 1970s and early 1980s, most states revised their flag desecration laws to meet the standards set in Street, Smith, and Spence.

Supreme Court Strikes Down All Laws Banning Flag Desecration (1989): Outside the 1984 Republican National Convention in Dallas, Gregory Lee Johnson burned a flag in protest against President Ronald Reagan's policies. He was arrested under Texas' flag desecration statute. In its 5-4 ruling in Texas v. Johnson, the Supreme Court struck down flag desecration laws in 48 states by ruling that flag desecration is a constitutionally protected form of free speech.

Flag Protection Act (1989-1990): In 1989, the U.S. Congress protested the Johnson decision by passing the Flag Protection Act, a federal version of the already-struck state flag desecration statutes. Thousands burned flags in protest of the new law, and when two protesters were arrested, the Supreme Court affirmed its previous ruling and struck down the federal statute.

Flag Desecration Amendment (1990, 1995, 1997, 1999-2000, 2001, 2003, 2005-2006): Congress has made seven attempts to overrule the U.S. Supreme Court by passing a constitutional amendment making an exception to the First Amendment in order to allow the government to ban flag desecration. In 1990, when the amendment was first brought up, it failed to achieve the necessary two-thirds majority in the House. After the Republican congressional takeover of 1994, it has consistently passed the House but failed in the Senate.

Answer 2

I am Muslim! Believe it or not, we are to do the same if the drawings were about Jesus, Moses, Abraham, Joseph...etc. This may not be a known fact to the west, but in Islamic Religion you are to believe in all the religions the preceded Islam. So clearly, we have one God to worship! Its just the people on earth who made the differences and created all kind of problems. I am with you on the burning the flag issue. I totally agree that this is considered very offensive. I am against burning any flag of any country! The flag is a representation and symbol that must be respected no matter what :) I am hating all the wars and disputes that are going on all around the world :( God Bless You All PS: I dont hate Brits and Americans! As a matter of fact, I am not the judgmental criticizing kind! I have so many friends from all over :)

Answer 3

Cold hard legal fact is NO, it's not illegal under Federal law. In the 80s, the Supreme Court struck down a state law in Texas that prohibited flag-burning, a decision which essentially rendered moot the laws of 48 states. Flag-burning legislation, including constitutional amendments, have been introduced in Congress since then, but currently the Supreme Court decision still stands.

Just the facts, sir.

Answer 4

No, but being raise to say the "Pledge" everyday, I respect the flag. I think a military personnel or Veteran would find this disgraceful to burn a flag especially when they have to salute it everyday. The Supreme Court should agree with congress and make a law that if anyone defaces the American flag they will be jailed

Answer 5

No there was a bill in congress that would ban it but it did not pass 49-51. I think it depends on where you do it,how you do it, and the size of the flag. I would not be suprised if the bill resurfaces though.

To me its hypocritical to say burning the flag is a method of free speach but then say you have the right to do so under the laws of the country you just insulted.

Answer 6

I remember a few years ago they tried to make it illegal, but the law never passed (free speech and all).

The fact is, the VFW burns flags all the time. This is the proper way to dispose of a worn flag according to the US Flag Code.

Answer 7

No.

It is constitutionally protected under the 1st Amendment freedom of expression clause. The Supreme Court ruled on it.

See Texas v. Johnson, 491 U.S. 397 (1989), reaffirmed in U.S. v. Eichman, 496 U.S. 310 (1990).

Answer 8

Sadly, it is not, but I do understand and respect the whole freedom-of-speech reason.

According to Wikipedia, "Today, defacing a flag is an act of protected speech under the First Amendment to the United States Constitution, as established in Texas v. Johnson, 491 U.S. 397 (1989), and reaffirmed in U.S. v. Eichman, 496 U.S. 310 (1990)."

Answer 9

You can burn the flag. The first amendment of the US Constitution protects free speech, and efforts made by congress to ban flag burning are negated by the amendment

Answer 10

It is not illegal!

In fact, that is the proper way to dispose of old flags!

Answer 11

No, it is not illegal. As a matter of fact, it is one of the ways that you are supposed to destroy a worn or soiled flag that needs to be disposed of.