Flag Desecration Amendment

Flag of the United States specification

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== Flag Desecration Amendment ==

The Flag Desecration Amendment is a proposed amendment to the United States Constitution that would allow the Congress to prohibit the desecration of the Flag of the United States. The amendment has been introduced multiple times in the United States Congress, but has not been successfully ratified.

Background

The issue of flag desecration has been a contentious topic in the United States for many years. The First Amendment guarantees the right to free speech, which has been interpreted by the Supreme Court to include acts of flag desecration as a form of symbolic speech. The most notable case is Texas v. Johnson, where the Supreme Court ruled that burning the American flag was protected speech under the First Amendment.

Legislative History

The Flag Desecration Amendment has been introduced in every session of Congress since the 1989 Supreme Court decision in Texas v. Johnson. The proposed amendment typically reads:

"The Congress shall have power to prohibit the physical desecration of the flag of the United States."

Despite repeated attempts, the amendment has never garnered the necessary two-thirds majority in both the House of Representatives and the Senate, nor has it been ratified by three-fourths of the states.

Arguments For and Against

Support

Proponents of the amendment argue that the American flag is a unique symbol of national unity and pride, and that its desecration is an affront to the values and sacrifices it represents. They believe that the amendment would protect the flag from acts they consider disrespectful and harmful to national morale.

Opposition

Opponents argue that the amendment would infringe upon the First Amendment rights to free speech and expression. They contend that the ability to criticize and protest, even through flag desecration, is a fundamental aspect of American democracy. Additionally, they argue that the amendment could lead to broader restrictions on free speech.

Related Cases

• Texas v. Johnson
• United States v. Eichman

See Also

• First Amendment to the United States Constitution
• Symbolic speech
• United States Congress
• Supreme Court of the United States
• Flag of the United States

Related Pages

• Texas v. Johnson
• United States v. Eichman
• First Amendment to the United States Constitution
• Symbolic speech
• United States Congress
• Supreme Court of the United States
• Flag of the United States

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