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The Flag Desecration Amendment (often referred to as the Flag-Burning Amendment) is a proposed addition to the Constitution of the United States that would allow the U.S. Congress to prohibit by statute and provide punishment for the physical "desecration" of the flag of the United States.
Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech.
In common usage, the phrase "flag burning" refers only to burning a flag as an act of protest. However, the United States Flag Code states that "the flag, when it is in such condition that it is no longer a fitting emblem for display (for example, the flag being faded or torn), should be destroyed in a dignified way, preferably by burning." [159]
A 1989 U.S. Supreme Court ruling upheld a protestor's right to burn the American flag, but President-elect Trump might want to change that.
Punishing flag burning or most forms of disagreeable speech sets a dangerous precedent by suggesting that expressions deemed unpatriotic or in disagreement with those in power can be met with ...
Johnson), the Court held that the federal government, like the states, cannot prosecute a person for desecration of a United States flag, because to do so would be inconsistent with the First Amendment. The Government conceded that desecration of the flag constitutes expressive conduct and enjoys the First Amendment's full protection.
“Identifying with evil terrorist organizations like Hamas, burning the American flag, or forcibly removing the American flag and replacing it with another, is disgraceful,”…
(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.