Flag Desecration Amendment facts for kids

The Flag Desecration Amendment is a suggested change to the Constitution of the United States. If passed, it would let the U.S. Congress create laws to stop and punish people for physically damaging or disrespecting the flag of the United States. This idea often brings up strong feelings. People debate about protecting a national symbol, keeping free speech, and honoring the liberty the flag stands for.

Even though people often talk about "flag burning," this proposed amendment would cover all ways of disrespecting the flag. This could include using the flag as clothing or napkins, not just burning it.

The last time lawmakers tried to pass this amendment was on June 27, 2006. It failed in the United States Senate by just one vote. In June 2019, Senator Steve Daines from Montana suggested bringing back this idea. The Trump administration supported his effort.

History of Flag Protection Laws

The first federal law to protect the flag was passed in 1968. This happened because people were burning flags during protests against the Vietnam War. Over time, 48 out of 50 U.S. states also made similar laws.

Supreme Court Decisions

In 1989, the Supreme Court of the United States made a big decision. In the case called Texas v. Johnson, the Court said that these flag protection laws were against the Constitution. They ruled that burning the flag was a form of public expression, which is protected by freedom of speech. The vote was 5 to 4.

After this, Congress passed another law to protect the flag. But in 1990, the Supreme Court ruled again in United States v. Eichman. They said the same thing: flag burning is protected free speech. The vote was again 5 to 4.

These decisions were very controversial. Because of them, Congress started looking at a new way to protect the flag: changing the Constitution itself. This is the only legal way to make flag protection laws if the Supreme Court says current laws are unconstitutional.

Attempts to Pass the Amendment

After the Johnson decision, Congress tried many times to create a flag desecration amendment. From 1995 to 2005, the U.S. House of Representatives approved the amendment every two years. They needed a two-thirds vote, and they got it.

However, the amendment always failed in the United States Senate. It also needed a two-thirds vote there, but it never got enough support. Sometimes, the Senate didn't even vote on it before the end of their term. In 2006, the amendment failed in the Senate by just one vote.

What the Amendment Would Do

The proposed amendment has been passed by the U.S. House of Representatives several times. Its full text is short and says:

The Congress shall have power to prohibit the physical desecration of the flag of the United States.

This means the amendment would give Congress the power to make laws against burning or damaging the U.S. flag during a public protest. It's important to know that this wording is "permissive." This means it would allow Congress to ban flag burning, but it wouldn't require them to. If this amendment passed, it would be up to Congress, not the courts, to decide if flag burning should be against the law.

Arguments For and Against

People who support banning flag burning say it's a very offensive act. They believe it disrespects the flag and what it stands for. They argue it should be against the law.

On the other hand, opponents say that giving Congress this power would limit freedom of speech. This freedom is a key part of the First Amendment to the United States Constitution. They argue that the flag itself represents this freedom. They believe that allowing people to express themselves, even through flag burning, shows the strength of free speech.

The idea of free speech is important for many reasons. It helps people discuss political and social ideas. It allows individuals to express themselves. It helps in the search for truth. And it can act as a "safety valve" for strong feelings.

Public Opinion on the Amendment

Polls have shown different views on the flag desecration amendment. A USA Today/Gallup Poll in June 2006 found that 56% of people supported a constitutional amendment. This was down from 63% in 1999.

Another poll by CNN in June 2006 also showed 56% support. However, a summer 2005 poll by the First Amendment Center found that 63% of Americans were against changing the Constitution to ban flag burning. This was up from 53% in 2004.

A more recent YouGov poll in June 2020 found that 49% of people thought it should be illegal to burn or destroy the flag. Meanwhile, 34% believed it should be legal.

How Congress Voted

From 1995 to 2005, the House of Representatives passed the proposed amendment every term. But it never passed the Senate. It fell short by only four votes on two occasions in the Senate.

For a constitutional amendment to be added, it needs to be approved by a two-thirds vote in both the House and the Senate. Then, it must be approved by at least three-fourths of the 50 state legislatures. This means at least 38 states would need to agree.

The table below shows how Congress voted on the amendment over more than ten years:

In 2006, the amendment, sponsored by Senator Orrin Hatch, failed by one vote in the Senate. It needed 67 votes to pass, but only got 66. Some people thought the vote was timed close to the November 2006 elections. They believed it was a political move to gain support from voters.

See also

In Spanish: Enmienda sobre la Profanación de la Bandera para niños