Also known as: flag desecrations · desecration of the flag · desecrating a flag · flag burning
Written by attorneys · grounded in primary & secondary sources — see below
The act of mutilating, defacing, burning, or flagrantly misusing a flag. Such conduct receives First Amendment protection when performed as political expression unless the government identifies a compelling interest unrelated to suppressing the message.
Farah Fox burned an American flag on the steps of a federal courthouse to protest a new trade policy. Federal agents arrested her under a statute that banned flag burning except for proper disposal. The court dismissed the charges because the statute targeted the communicative impact of the act rather than any independent safety concern.
Felix Franco burned a flag at the end of a political rally criticizing the governor. State police arrested him under a statute prohibiting flag desecration. The appellate court overturned the conviction because the statute was aimed at the expressive message rather than preventing an imminent breach of the peace.
Select any source to read its text and confirm it supports the definition.
Freya Freeman burned a flag while leading chants at a protest in a public park. City officials enforced a noise ordinance that limited sound amplification during all events. The court upheld the citation because the rule advanced a substantial interest in controlling volume and applied evenly without regard to the message conveyed.
Fatima Flores burned a flag on a sidewalk outside a post office to protest mail policies. Officers arrested her under a regulation restricting expressive activity on postal property. The court sustained the arrest because the rule regulated the nonexpressive aspects of conduct on government property and left open ample alternative channels.
Flora Ford burned a flag outside a law school building during a protest against military recruitment. School officials cited a policy requiring equal access for all groups. The court rejected her claim because the policy regulated conduct without compelling the school to convey any particular message.
Faye Fuller burned a flag while donating to a political committee at a public event. Officials enforced a contribution limit that applied to all donors. The court upheld the limit because it targeted the aggregate amount of money given rather than the content of any symbolic act.
Flag burning performed as political expression receives protection unless the government shows a compelling interest unrelated to suppressing the message, such as preventing an imminent breach of the peace.
A content-neutral rule that regulates open flames or similar conduct without targeting the symbolic message may be upheld if it advances an important interest unrelated to expression and leaves open alternative channels for protest.
A valid regulation must address nonexpressive harms such as fire risk or crowd control rather than the communicative impact of disrespecting the flag. Selective enforcement or a focus on the symbolic act alone indicates an unconstitutional purpose.
…. . has caused my mail to increase 100 percent from the boys in Vietnam, writing me and asking me what is going on in America." Desecration of the Flag, Hearings on H. R. 271 before Sub-committee No. 4 of the House Committee on the Judiciary, 90th Cong., 1st Sess., 189 (1967). Representative Charles Wiggins stated: "The public act of…