Is it a crime to desecrate the American flag?

18 U.S. Code § 700 – Desecration of the flag of the United States; penalties. 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.

What is considered flag desecration?

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 it illegal to burn a flag in protest?

Is Flag Burning Protected by the First Amendment? Johnson, the court ruled that the First Amendment protects burning the flag because the act falls within “expressive conduct.” The case started when the defendant, Gregory Johnson, burned the flag to protest the policies of then-President Ronald Reagan.

Why do Boy Scouts burn the American flag?

Basically showing respect to the flag and making it no longer a flag so that we can respectfully burn it and retire it,” said Thompson. “That way we can release the spirits to become other flags. We burn them for the community to retire them properly.”

Why burning the flag is disrespectful?

Flag burning is the destruction of a symbol of national unity. Even if the flag that is destroyed is private property, the government has a legitimate interest in regulating its protection because of what the flag represents to the nation. Flag burning is such a form of symbolic speech.

Is it disrespectful to wear the flag as a cape?

The wearing of the flag is listed as unacceptable according to U.S. flag code section 176 (d) which states, “The flag should never be used as wearing apparel, bedding, or drapery.” While many people think the flag code states that you can’t wear any type of flag apparel, including a cape, the truth is that you can wear …

Who can retire a flag?

Anyone can hold a flag disposal ceremony. Whoever chooses to retire a flag should only proceed in a way that is respectful and dignified.

Can Cub Scouts retire a flag?

A popular way to retire a worn-out American Flag is by burning it. Page 76 of the BSA Handbook says, “A national flag that is worn beyond repair may be burned in a fire. The ceremony should be conducted with dignity and respect and the flag burned completely to ashes.”

What does a black American flag with a green stripe mean?

The thin green line is a symbol that is used to show support for federal law enforcement agents such as border patrol, park rangers, and conservation personnel.

What happens if you desecrate the flag of the United States?

Desecration of the flag of the United States; penalties. (a) (1) 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.

What was the first case on flag desecration?

The first Supreme Court case dealing with flag desecration was Halter v. Nebraska (1907). Affirming that state governments had the authority to ban desecration of the flag, the Court unanimously upheld the conviction of a company that had printed the American flag on a beer bottle.

Is it a crime to burn the American flag?

Burning the American flag as a symbol of protest against U.S. policies continues to be a controversial issue in the United States. Though laws have been enacted making desecration of the American flag a crime, the Supreme Court has overturned such laws and ruled that the First Amendment protected acts including flag-burning as symbolic speech.

Is it illegal to defile the flag of the United States?

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. This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.