overviewfrequently asked questionscases & resources
  FAQs >
Why is Congress debating a constitutional amendment to prevent flag-burning?
Why are there state laws prohibiting flag-burning when the U.S. Supreme Court has declared such laws unconstitutional?

It is important to note that the Supreme Court has not struck down every state flag-desecration statute as unconstitutional. The Texas law featured in Texas v. Johnson violated the First Amendment because it sought to suppress expressive activity. Other state statutes may prohibit flag-burning as part of general safety and welfare laws — such as those criminalizing trespass, arson and rioting — that place at most an incidental and permissible burden on free speech.

Why do supporters favor a constitutional amendment prohibiting flag-burning?
Why do opponents reject a constitutional amendment prohibiting flag-burning?
  View All Answers    Clear All Answers
print this   Print

Last system update: Thursday, August 21, 2008 | 22:31:17
flag-burning issues >
State flag-protection laws
Recent flag legislative action