American Flag Desecration in the United States

Flag Desecration is the violation of a country or nation’s sacred banner. This is often represented by destroying or improperly maintaining the condition of the county’s flag. People will desecrate the flag in order to separate oneself from their nation or protest against their nation’s governmental choices.

Flag Desecration is legal in the United States. The first amendment of the constitution has always protected against any law or amendment that will violate self expression. However, there is a U.S. Flag code. In the code there are many rules that pertain to the displaying of the flag outdoors, indoors, standards of respect, Pledge of Allegiance and National Anthem, parading and saluting the flag, and flag in mourning. On June 14, 1923, people in the US Military Forces developed the National Flag Code. There were no official rules for the treatment and display of the flag until Flag Day. The Flag Code only applies in U. S. jurisdiction, unless supported by the foreign government.

In the case Texas v. Johnson, Gregory Johnson was convicted of flag desecration by the Supreme Court. Flag desecration was illegal in 1989 in the state of Texas. Then in 1990, Congress passed a Flag Protection Act. The Act was designed to punish anyone who knowingly disgraced the flag of the United States. Several individuals were arrested nationwide when they burned flags in protest to this Act. These protesters were released on the grounds of self expression. In 2006, the Senate voted on an amendment that read “The Congress shall have power to prohibit the physical desecration of the flag of the United States.” When they voted, only one vote prevented the amendment from passing.

So far flag desecration has remained legal, though it is not favorably looked upon by the citizens of the United States. Policies such as the US Code protect against violations made to the American Flag.

References:
• Goldstein, Robert Justin
o Saving Old Glory: The History of the American Flag Desecration Controversy (1995)
o Flag Burning and Free Speech: The Case of Texas vs. Johnson (2000)
• Kerrick, Summers Harrison Flag of the United States: your flag and mine (1925)
• Sunstein, Cass R. Democracy and the Problem of Free Speech (1993)
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News Video Links:
• [http://www.cnn.com/video/#/video/us/2007/10/03/krnv.mex.flag.flap.krnv?iref=videosearch]
• [http://www.cnn.com/video/#/video/politics/2006/06/27/bash.flag.burning.debate.affl?iref=videosearch]

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