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Is Flag Burning Protected Speech?
Although highly controversial, flag burning has been considered by the Supreme Court to be a form of symbolic expression protected by the First Amendment of the Constitution. State laws still exist prohibiting such acts, but are rarely enforced.
Can you Speak Ill of the Flag?
Any individual has the right to publicly speak disapprovingly about the flag according to the Supreme Court.
Can the Flag be Used in Advertising?
Although the Supreme Court has stated nearly 100 years ago that the flag should not be represented in commercial advertising, laws enacted in regards to this ruling are rarely, if ever, enforced.
Can you Alter the Flag in Any Way?
Attaching or superimposing figures, symbols, or other extraneous material on the flag is permissible according to the Supreme Court.
Can you Display the Flag in an Anarchic Manner?
The Supreme Court has ruled that the display of a flag in an anarchic manner is an acceptable form of display.
Are There any Activities Regarding the Flag or Objects Related to Patriotism Which Cannot be Destroyed as a Form of Protected Speech?
The burning and destruction of draft cards has been ruled as an unprotected form of speech or expression by the Supreme Court.
I Have Seen the Word "Desecration" in my State's Statute Regarding Flag Burning. What Does That Mean?
The word "desecration" implies that the flag is sacred, and the government (separation of church and state) cannot say that something is sacred.
Should I Consult with a Lawyer Experienced in Freedom of Speech and the Press?
If you feel that your constitutionally guaranteed rights to freedom of speech or the press have been compromised, you should contact a constitutional law attorney. Speaking with the proper lawyer experienced in your constitutional protections will inform you of your rights as well as preserve any possible legal remedies you may have.
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Last Modified: 12-21-2010 11:27 AM PST
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