Is it against the law to desecrate the US flag?
Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
Can you desecrate the flag?
The U.S. Supreme Court has held that the government cannot prohibit citizens from desecrating the American flag. Congress has repeatedly attempted to outlaw flag burning through legislation and constitutional amendments, but none of these attempts have succeeded.
Is it illegal to ruin a flag?
Similarly it is not illegal to burn an American flag in the United States. Popular American band, Rage Against the Machine burned an American flag on stage at Woodstock 1999, in protest. While it was frowned upon, they faced no criminal charges.
What is desecrating the American flag?
Flag desecration is the desecration of a flag, violation of flag protocol, or various acts that intentionally destroy, damage, or mutilate a flag in public. In the case of a national flag, such action is often intended to make a political point against a country or its policies.
Is desecration of the American flag unconstitutional?
Austin Cline, a former regional director for the Council for Secular Humanism, writes and lectures extensively about atheism and agnosticism. The Supreme Court has found laws banning desecration of the American flag to be unconstitutional. The court ruled that it falls under the First Amendment protection of free speech in the Constitution.
What is the history of flag desecration?
Concerns about the flag generally fall into three distinct periods. In the years prior to and during World War I, states began to adopt flag desecration laws. The World War II era saw many states adopting flag salute laws. In the years since the Vietnam War, Congress and the Supreme Court have once again been grappling with the issue.
Is flag burning considered desecration?
In Kentucky, for example, the desecration of flags is found alongside desecration of churches and “venerated objects.” In the case of Alabama, flag burning is classified with cross burning.
Is flag desecration a felony in Illinois?
In most cases, flag desecration is considered only a misdemeanor. Yet, in a state like Illinois, flag desecration is a felony. Wisconsin used to make it a felony, but the entire provision on flag desecration was struck down in 1998. Inciting of Violence.