A joint resolution proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.
A joint resolution proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.
Plain Language Summary
# Summary: Flag Desecration Constitutional Amendment **What the Bill Would Do** This bill proposes a constitutional amendment that would allow Congress to pass laws making it illegal to physically destroy or damage the American flag. Currently, the Supreme Court has ruled that burning or desecrating the flag is protected speech under the First Amendment. If passed, this amendment would override that court decision and give Congress the power to criminalize such acts. **Who It Affects and Key Provisions** The bill would potentially affect anyone who physically damages an American flag, making such actions subject to federal criminal penalties. To become law, this constitutional amendment would need to pass with two-thirds approval in both the House and Senate, then be ratified by three-fourths of state legislatures.
There are no additional provisions listed in the available information. **Current Status** The bill (SJRES 58) is currently in committee and has not advanced further in the legislative process. It was introduced by Senator Steve Daines (R-Montana) in the 119th Congress. Constitutional amendments are rarely passed due to their high threshold for approval, and this particular proposal has been introduced multiple times over the years without success.
Latest Action
Read twice and referred to the Committee on the Judiciary.