QUESTION: Should it be illegal to burn the American Flag?
© Copyright 2007 – 2025 Claycord News & Talk
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QUESTION: Should it be illegal to burn the American Flag?
Subscribe to our newsletter!
© Copyright 2007 – 2025 Claycord News & Talk
Can I burn a gay flag without it being called a hate crime? Can I burn a Nation of Islam flag without it being called a hate crime? Can I burn a Mexico flag without any repercussions? Yes, it should be a crime to burn it in protest.
So because some people get upset when you burn “their” flag (which is not a hate crime – 100% legal) then it should be illegal to burn “your” flag? How does that make any sense?
I’ll bet people with this opinion tend to support making speech & protests denouncing certain countries actions illegal as well.
Well yeah.
Is there another crime that is occurring ?
If it is in protest or to retire a flag then no.
So… “if it is in protest” — is it ok to shoot a soldier? Of course not. You say the flag is just “symbolic” so…How about just destroy a soldier’s (symbolic) headstone? Maybe blow up the (symbolic) Port Chicago Memorial? Still ok with that? How about the Tomb of the Unknown Soldier? Where do we really draw the line? Our 200+ yr old Flag Code….says our: “Flag is a living symbol” of the nation and should be treated with the same reverence as a living person.”
In my opinion, the SCOTUS was 100% wrong in their (very narrow) decision in the 1989 Texas v. Johnson case.
This is Far Far more than just a picture ~~
All of those things you described you are destroying SOMEONE else’s property. Try again, this time don’t have a seperate and distinct seperate crime and then determine if it should be legal.
Technically I/we all have an ownership stake in memorial statues too. But…our opinions differ. ~~ One or more of my family has served in every generation since before the Revolution, and I’ve learned to revere our Flag… fresh or tattered…even those made in China. 😉
If I buy a flag I can do anything I want with it. Do you want me to tell you what you can and can’t do with your own property?
Yep. You can. And goody for you, and your God given – American defended rights to do so.
No. It has been decided that is not illegal due to free speech. I might burn a few to protest and nothing Trump can do about it.
Wanna bet?
The posting on Whitehouse.gov seems to agree with Paul.
“Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to “fighting words” is constitutionally protected. See Texas v. Johnson, 491 U.S. 397, 408-10 (1989).
It isn’t legal to light anything on fire in public, especially on Federal Property.
https://news4sanantonio.com/news/nation-world/american-flag-burning-white-house-protest-lafayette-park-arrest-jay-carey-veteran-video-watch-camera-us-secret-service-park-police-charges-trump-executive-order-washington-dc-free-speech-first-amendment-supreme-court
Exactly. Burning a paper bag is as illegal as burning a flag. Trumps’ EO does nothing.
protest what?
No. With that said, I won’t go back word for word on what Supreme Court Justice Scalia
said at a November 2015 event in Philadelphia, except he ended with “But I am not king.”
I believe that is should be LEGAL to burn the flag. I think that those who do burn the flag are misguided A-holes, but the act should be legal. And the repercussions to the burner should also be legal.
To me, it is an expression of “speech” that is protected by the First Amendment. But the flag burners need to understand that while they exercise their First Amendment rights, other may be tempted to exercise their Second Amendment rights. Just because it may be legal to do something doesn’t mean that you should. And if you do it in front of me, expect to defend yourself.
I strongly believe in our Constitution, even with the parts I disagree with. I swore an oath
to defend and support it when I enlisted into the Marines, and I take that oath seriously.
I do not agree with the Supreme Court’s decision that burning the American flag is free
speech, but I will honor their decision. I don’t think that is what the Founding Fathers had
in mind when the Constitution was drafted.
What Trump wants to do with flag burners, is charge them on the federal level with incite to
riot. I think it should go a little further, and also charge them with felony arson, where they
can face a five to twenty year sentence, and if anybody is injured, it can be forty years to
life.
For amusement, I’d like to see some dimwit burn an American flag in front of a group of
US Marines.
Like Dawg, I served under that flag, and I highly disapprove of burning one for protest. If someone wants to buy and burn their own flag, I’m not sure that is illegal, but burning someone else’s flag is certainly arson. And if the flag is on federal property, it should be a federal crime.
I might even be willing to pay to watch a USMC counseling session.
Well it is not free speech it is freedom of expression “which we have a lot of laws controlling” so a very grey area. Unfortunately we are limited here…. they can burn the flag but I can’t punch them in the face for it? “I am simply expressing my patriotism”. I guess that doesn’t work… sad. You can’t fix those people and they are too privileged to leave so we have to put up with it. https://www.article19.org/what-is-freedom-of-expression/
but I will say please do not attempt to burn mine as that would lead to tragedy.
https://www.youtube.com/watch?v=XfzJ8UBr-c0
saw him say this at the concord pavilion during the highwaymen tour. sept 1990.
https://www.tiktok.com/@johnnycashnation/video/7288124845077056814
No. But if take an ass whuppin’ for it
don’t come crying to me.
I wonder if it would be illegal to throw a bucket of water on the flag & the firebug?
It should be perfectly legal for someone to burn an American flag, as long as Americans can legally burn the burner.
Do I want it to be illegal? Yep. But that is an emotion (what the libs are famous for in all their “scientific” arguments). Think about it, folks. This is a first amendment right and we are different from the fascist left. This should never be illegal, provided there is not another law that says burning something in public is illegal. We SHOULD have to right to peacefully protest. That is America.
At this point, I want us all to go out and burn Mexican flags in protest. People who come here to America, but rudely wave the flag of a country they refuse to live in? And then burn American flags (which I think should be legal as long as it is your own flag. 1st amendment and all). But it is time to protest these bottom feeders and burn THEIR flag. Because they sure do not belong to OUR flag.
No. The Constitution and the Bill of Rights are the most important symbols of the US. The flag itself stands for nothing if we allow the government to erode the rights and principles in those records. The First Amendment doesn’t care about your offended feelings because someone chooses to express dissent in a way that makes you uncomfortable. The rights in those documents are not candies for the government to hand out to good boys and girls who boot lick; those documents declare the rights are inalienable and prevent the government from interfering with them.
I certainly hope your statement on feelings goes both ways. I support what you said, but I am not sure if you really mean it if you support people trying to make their feelings into laws in other cases. What about feelings that a man is a woman and wants to use women’s spaces? Or the feeling that someone wants to force you to use their preferred pronouns (see Colorado)? Or how about people feeling someone is a “bigot” when they stand up for our rights as Americans?
The Media Are Hypocrites On Desecration Of U.S. Flag,,,to add to killjoys viewpoint
Yes, it should be illegal, but they don’t have to serve time. They have a felony on their record and have to give up the right to own any firearms.
I think it should be illegal to burn the American flag, unless done for disposal, in a public setting/place (your own back yard/driveway, fine). I understand it is not illegal, but I disagree with that. As pointed out in an earlier comment, try that with the gay flag, or a Mexican flag. There was a guy arrested for “vandalizing” a rainbow crosswalk, as a hate crime. Four guys were arrested for burning a gay flag while standing in a rainbow crosswalk. A guy was arrested for burning a Mexican flag in Tuscon. One of the Proud Boys did prison time for burning a black lives matter banner (under the guise of destruction of property, but all comments were on how hateful it was)…How is burning an American flag NOT a hate crime?
I don’t think it should be illegal, but I think that people seeking to protect the flag should be immune from prosecution.
From “Shipwreckedcrew”: (The EO) “criminalizes flag burning where it is the equivalent of “fighting words” which are not protected by the First Amendment – where the act of burning the flag is for the PURPOSE of inciting violence by others. As a form of protest, flag burning is still covered by Supreme Court precedent and the EO says exactly that.” I think that people lighting a fire in the street should be covered by laws forbidding that kind of dangerous behavior.
AD
No, I don’t think it should be illegal, you might not like it, and I understand that, but that is what free speech and democracy is all about. A commenter on the internet thought it should be illegal and pointed out what happened if you were in China and burned the Chinese flag, that is the whole point, we are not China or North Korea.
Or Denmark… where it is illegal to burn any foreign flag, but it is legal to burn the flag of Denmark! Talk about a lack of self respect.
Umm … It is illegal already
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.
But we also have the Supreme Court (Texas v. Johnson, 491 U.S. 397 (1989)) that said burning the flag *in protest* is protected free speech. Burning the flag is symbolic speech … Utter crap in my view.
You STAND for flag and KNEEL for the cross. Neither one of those is ever desecrated. And no, I have never served in our military but I grew up when we taught honor and respect.
Flag burning can’t be good for climate change.
Also, never burn a flag next to an empty reservoir.
Save the planet: Don’t burn anything.