Is It Against The Law To Burn an American Flag?
Burning the American flag is the most controversial act that relates to the American flag.
This blog post gives all the answers to your questions around burning the US Flag. The legality of it, historical context and the current issues recently in 2024 and 2025.
Is Burning the American Flag Legal?
The short answer is yes, burning the American flag is legal in the United States. The Supreme Court has ruled that flag burning constitutes symbolic speech protected under the First Amendment. In Texas v. Johnson (1989), the Court held that desecrating the flag as a form of protest is expressive conduct safeguarded by the Constitution. Learn more about Texas v. Johnson below!
Texas V. Johnson and Flag Desecration Laws
Historically, many states enacted laws prohibiting flag desecration. However, these statutes were challenged on constitutional grounds. The pivotal case, Texas v. Johnson, arose when Gregory Lee Johnson burned an American flag during the 1984 Republican National Convention in Dallas to protest Reagan administration policies. Johnson was convicted under a Texas law criminalizing flag desecration, but the Supreme Court overturned his conviction, affirming that his actions were protected symbolic speech.
The Flag Desecration Amendment
In response to the Johnson trial decision, Congress considered a constitutional amendment to prohibit flag desecration. The proposed Flag Desecration Amendment sought to grant Congress the power to prohibit the physical desecration of the flag. Despite multiple attempts, the amendment has not been ratified, leaving the Supreme Court’s ruling in Texas v. Johnson as the prevailing law.
The United States Flag Code and Respectful Disposal
While flag burning as a form of protest is protected speech, the United States Flag Code actually says burning the
flag is a preferred disposal method of worn or damaged flags.
According to the Flag Code, when a flag is no longer fit for display, it should be destroyed in a dignified manner, preferably by burning. This ceremonial burning is distinct from acts of protest and reflects respect for the flag as a national symbol.
Here at Gettysburg Flag Works, people from around the country send us their flags to take part in our annual flag burning ceremony. It has become a tradition, as we burn hundreds of flags every year in a Flag Day celebration and we love to be a part of it!
If you want to send us your flag feel free to ship it directly to our NY headquarters at 715 Columbia Turnpike, East Greenbush, NY 12061
P.S. Get your next American Made US Flag with our online store!
Ongoing Debates and Public Opinion
The issue of flag burning continues to evoke strong emotions and debate. Some view it as a protected form of free expression, while others see it as a disrespectful act that should be prohibited. Public opinion is divided, and legislative efforts to ban flag desecration persist, though none have succeeded in amending the Constitution to date.
Recent geopolitical events and protests have led to instances of US flag burning and other flags, including Gay Pride and Israeli flags, raising new concerns about the boundaries of free expression versus acts of hate that go beyond the original issue in Texas V. Johnson!
In recent years, many American homeowners have expressed fear of flying their flags due to the risk of theft or vandalism. Here is an American Flag being burned by a random pedestrian.
Gettysburg Flag Works Can Help
The act of burning the American flag is undeniably one of the most polarizing issues, standing at the crossroads of free speech under the First Amendment and the respect for a national emblem that represents unity and sacrifice.
At Gettysburg Flag Works, we hope to raise awareness and honor the American flag by helping Americans properly retire their worn flags through dignified ceremonies.
No matter where you stand on the issue, we believe in an America where everyone feels proud to fly the stars and stripes. Explore our wide selection of American-made flags and other patriotic products at Gettysburg Flag Works.