Flag Desecration Amendment

Flag Desecration Amendment is a proposed amendment to the United States Constitution that would allow the Congress to prohibit the physical desecration of the flag of the United States. The concept of flag desecration continues to provoke a heated debate over protecting a national symbol, freedom of speech, and the scope of the First Amendment.

History

The Flag Desecration Amendment, also known as the Flag Burning Amendment, has been introduced in Congress multiple times but has yet to be ratified. The most recent attempt was in 2006, when the amendment fell one vote short of the necessary two-thirds majority in the Senate.

Content

The proposed amendment states: "The Congress shall have power to prohibit the physical desecration of the flag of the United States." This language would grant Congress the authority to pass laws criminalizing flag desecration.

Support and Opposition

Supporters of the amendment argue that the flag is a symbol of national unity and that desecrating it is akin to treason. They believe that protecting the flag is a matter of national pride and respect.

Opponents, on the other hand, argue that flag desecration is a form of political protest protected by the First Amendment. They contend that the right to free speech includes the right to express dissatisfaction with the government, including through acts of flag desecration.

Legal Background

The legal controversy surrounding flag desecration dates back to the 1907 Halstead v. United States case, where the Supreme Court ruled that flag desecration was a punishable offense. However, this stance was overturned in the 1989 case Texas v. Johnson, where the Supreme Court ruled that flag desecration was a form of symbolic speech protected by the First Amendment.

See Also

• First Amendment to the United States Constitution
• Flag of the United States
• Texas v. Johnson
• United States v. Eichman