Proposing an amendment to the Constitution of the United States giving Congress power to prohibit the physical desecration of the flag of the United States.
Proposing an amendment to the Constitution of the United States giving Congress power to prohibit the physical desecration of the flag of the United States.
Plain Language Summary
# Flag Desecration Amendment Summary **What the Bill Would Do:** This proposed constitutional amendment would give Congress the power to make it illegal to physically damage or destroy the American flag as a form of protest or expression. Currently, the Supreme Court has ruled that burning the flag is protected speech under the First Amendment, so this amendment would need to change the Constitution itself to allow Congress to ban such acts. **Who It Affects and Key Provisions:** The amendment would affect anyone who might physically desecrate the flag, as Congress could then pass laws establishing penalties for doing so. It would essentially carve out an exception to free speech protections specifically for the flag.
To become law, this amendment would need to pass both the House and Senate with a two-thirds majority in each chamber, then be ratified by three-fourths of state legislatures—a difficult threshold that reflects the high bar for changing the Constitution. **Current Status:** The bill is currently in committee, meaning it has been introduced but has not yet moved forward for a vote in the House. Similar flag desecration amendments have been proposed multiple times over the past few decades but have never achieved the support needed to pass both chambers of Congress.
Latest Action
Referred to the House Committee on the Judiciary.