History of Flag Burning Laws

^{Category: Free Speech}

For the seventh time in 16 years, Congress is considering the Flag Desecration Amendment:

The Congress shall have power to prohibit the physical desecration of the flag of the United States.

The first time the amendment was considered, in 1990, it failed to pass the House. But after the Republican takeover of 1995, it has been brought back up six times--each time passing the House with the necessary two-thirds majority, but failing to make it through the Senate.

Within the next two weeks, the Senate is expected to vote down the amendment by the smallest margin yet: A single vote (66-34). Of course, even if the Senate were to pass the amendment, it would still need to be approved by three-quarters of the states--an unlikely scenario, given that 63% of Americans oppose amending the Constitution to prohibit flag desecration.

Still, the amendment is just live enough to call substantial media attention to the issue of flag burning and flag desecration--and the vote will take place mere days before the Fourth of July holiday. As we take a deep breath and prepare for another news cycle dedicated to a manufactured election-year controversy, let's look back on the 109-year history of flag desecration laws.

See also:

• American Flag Burning, Desecration: Power Politics and Protected Speech
• How the Constitution is Amended
• Evolution of the American Flag: Myths and Facts