Flag Desecration in the United States

Flag Desecration

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled 476 FLAG DESECRATIONThe American flag, as a unique symbol embodying national pride and patriotism, evidences the unity and diversity which the country represents, and the varying ideals and hopes of its people. By the same token, the flag has frequently been used by those who wish to communicate
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

• Constitutional Law Outline
• Constitutional Law Outline (United States)
• Constitutional Lawyer
• Constitutional Law of India
• Constitutional Law Definition
• Constitutional Law Cases
• Constitutional Law Cases (United States)

Flag Desecration

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled FLAG DESECRATION The word “desecration” has religious overtones. It means defiling the sacred. Flag burning is the secular equivalent of the offense of blasphemy, a verbal crime signifying an attack, by ridicule or rejection, against God, the Bible, Jesus Christ, Christianity, or religion
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

• Constitutional Law Outline
• Constitutional Law Outline (United States)
• Constitutional Lawyer
• Constitutional Law of India
• Constitutional Law Definition
• Constitutional Law Cases
• Constitutional Law Cases (United States)

Desecration of the Flag

Introduction to Flag Desecration

Sometimes people choose to express disapproval of government actions by desecrating (damaging or insulting) the flag as a symbol of the nation. For example, students protesting the Vietnam War (1959-1975) on occasion burned the U.S. flag during antiwar demonstrations on college campuses. Such incidents were rare, but they sparked considerable controversy. Many Americans were deeply offended by disrespect shown to the American flag.

In a case heard by the Supreme Court of the United States in 1989, the justices voted 5 to 4 that burning the flag was protected by the First Amendment to the U.S. Constitution, which guarantees freedom of speech. In the decision, the court also said that states could not outlaw desecration of the flag. In response, the U.S. Congress passed a Flag Protection Act in 1989, making it a crime to knowingly deface, mutilate, burn, or trample on the American flag. The Supreme Court soon struck down the law as an attempt to regulate free speech.

On several occasions members of Congress have proposed amending the Constitution to enable Congress to prohibit desecration of the flag. Although the House of Representatives has approved the proposed amendment, the amendment has narrowly failed to receive approval from the Senate. Two-thirds of the members of the House and Senate must approve a constitutional amendment before it is sent to the states for ratification.” (1)

Resources

Notes and References

• Information about Flag Desecration in the Encarta Online Encyclopedia

Guide to Flag Desecration

In this Section

Flag, Flag Origins, Flag Development, Flag Display, Flag Desecration and Other Official Flags.