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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.
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.
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." [158]
Actually, according to the U.S. Flag Code, the preferred method of disposal is burning. Many organizations will hold flag burning ceremonies on Flag Day and are happy to include your flag in their ...
If you want to fly the stars and stripes, here's what you need to know about proper American flag etiquette and the U.S. Flag Code.
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 ...
The flag should never touch anything physically beneath it. [9] An urban myth claimed that if the flag touched the ground, it had to be destroyed under the Flag Code; however, it has been affirmed by the American Legion and state governments that this is not the case. [10] [11] The flag should never be used as wearing apparel, bedding or drapery.
Amends the federal criminal code to revise provisions regarding desecration of the flag to prohibit: (1) destroying or damaging a U.S. flag with the primary purpose and intent to incite or produce imminent violence or a breach of the peace; (2) intentionally threatening or intimidating any person, or group of persons, by burning a U.S. flag; or ...