Is damaging an American flag illegal or free speech? What GA residents should know
Since its founding, the American flag has been meant to represent freedom and pride in this country. In the past 249 years, the significance of the flag has evolved for several individuals because of the different social issues that have sparked divides on the meaning of what it is to be American.
The case of Texas v. Johnson of 1989 resulted in the flag being allowed to be burned or tarnished in any way, including it as a part of First Amendment rights from that point on. However, several Americans still find the act of burning a flag to be disrespectful or unpatriotic.
The American flag isn’t technically protected by rules that fall outside of respect and patriotism, yet there are still instances where people are arrested for damaging it. This predicament may give rise to questions on where the line of legality lies when a flag is burned or destroyed.
First Amendment Protections
Despite the controversy surrounding what falls within the guidelines of First Amendment protections, free speech does include the right of symbolic expression. There are several instances throughout history where people have been known to burn the flag as a form of expression or protest.
Some see it as a meaningful and symbolic action, while others feel it is disrespectful to the legacy of American values. What isn’t illegal may still be considered a violation of the personal protocol for many.
When does it become illegal?
Burning or damaging the flag, while not illegal, can land you in trouble when involving the property or safety of other people.
For example, to take a flag that you own and burn it in your yard would be completely fine. While passersby can share their disapproval of your actions, you still have the right to express symbolic speech in whatever way you please.
On the other hand, if you were to take a flag out of someone’s yard or intrude upon property to damage one, you could be charged with destruction of property, vandalism, theft, or trespassing.
Additionally, burning a flag belonging to someone else could even be considered arson or public endangerment, especially if the fire causes further damage to nearby property or any bystanders.
Especially now, knowing the limits of public expression of distaste can be the difference between successfully expressing a personal opinion and receiving legal charges that could lead to extensive fines or jail time.