Flag Protection Act

Origin of the Flag Protection Act, United States

Reacting to protests during the Vietnam War era, the 90th Congress enacted Public Law 90-381 (82 Stat. 291), later codified as 18 U.S.C. 700, et. seq., and better known as the Flag Protection Act of 1968. It was an expansion to nationwide applicability of a 1947 law previously restricted only to the District of Columbia ("See" 61 Stat. 642).

1989 Amendments to the Statute

In 1989, the 101st Congress amended that statute with Public Law 101-131 (103 Stat. 777).

Response to Supreme Court Ruling

The 1989 amendments to the statute were in response to the United States Supreme Court's ruling that year in the case of Texas v. Johnson (491 U.S. 397). On 1990-06-11 the Supreme Court in the case of United States v. Eichman struck down the Flag Protection Act, ruling again that the government's interest in preserving the flag as a symbol does not outweigh the individual's First Amendment right to disparage that symbol through expressive conduct.

Text of the Flag Protection Act

The text of the law reads:

(a)(1) Whoever knowingly mutilates, defaces, physically defiles,burns, maintains on the floor or ground, or tramples upon any flagof the United States shall be fined under this title or imprisonedfor not more than one year, or both. (2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.

(b) As used in this section, the term "flag of the UnitedStates" means any flag of the United States, or any part thereof,made of any substance, of any size, in a form that is commonlydisplayed.

(c) Nothing in this section shall be construed as indicating anintent on the part of Congress to deprive any State, territory,possession, or the Commonwealth of Puerto Rico of jurisdiction overany offense over which it would have jurisdiction in the absence ofthis section.

(d)(1) An appeal may be taken directly to the Supreme Court ofthe United States from any interlocutory or final judgment, decree,or order issued by a United States district court ruling upon theconstitutionality of subsection (a). (2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.

ee also

* Flag desecration