By LawInspectsNo! Technically, it is not illegal to desecrate the American flag, BUT you can get in some legal trouble while doing it, only if you’re breaking some other laws. That’s the only catch with it. Otherwise, it is just seen as a freedom of expression in the USA, so you’re pretty much okay with it. Though the moral question is whether you should be doing it or not, while living in the country and burning your own country’s flag.
What Does “Flag Desecration” Mean?
Before we do anything else, understanding the flag desecration is crucial. To put it simply, it is when the American flag is handled in a disrespectful manner that most people consider as such. Such acts are burning, writing or drawing on the flag, ripping it, and even stepping on it during protests are some of the ways that people have disrespected the flag.
In most cases, individuals tend to engage in such acts to show their dissatisfaction or discontent with the authorities. Although it might seem offensive to a lot of people, the flag is still the most common and recognizable emblem in protests, not only because rebels want to be disrespectful.
Can You Get Arrested For Burning The Flag?
Let’s get to the point right away: No, it is not possible that you will be arrested only because of the burning of the American flag. Moreover, if the act was done in a peaceful manner and the perpetrator did not violate any other laws, then he/she would not be arrested.
One more thing, the Supreme Court had already stated the limit in 1989, in the case of Texas v. Johnson. A person had set a flag on fire at a protest and had been taken to jail. The Court, however, decided that the action was under the protection of the First Amendment, the section of the Constitution that provides the freedom of speech. To sum up, it is still against the law to do a political act, even if it is an offense and is peaceful.
Why Did The Supreme Court Allow It?
Flag burning was considered by the Supreme Court as a type of expression, like a demonstration or a speech. The fact that an idea is unliked or offensive does not entitle it to prohibition.
Absolutely, Justice Antonin Scalia, the staunch conservative, recognized the point. Though he was not in favor of flag burning, he authorized the constitutional right that it be done. It is a clear indication of how much the U.S. respects freedom of speech.
What About the Flag Protection Act?
After the ruling in the case of Texas v. Johnson, Congress attempted to resist the decision by enacting the Flag Protection Act, also in 1989. Nevertheless, the highest court in the land gave its verdict against the law once more in the United States v. Eichmann case.
What Did Trump’s 2025 Executive Order Do?
There is a chance that you are familiar with the fact that President Donald Trump issued an executive order in August 2025 regarding the desecration of the flag. Well, let’s get right to it.
Flag burning was not prohibited by the directive, however.
The action it took was to command the Justice Department to pursue the people who desecrate the flag and break other regulations simultaneously. For instance, if a flag is being burnt in a place where open fire is prohibited, the offender could be charged with the violation of the flame rules rather than the act of flag burning.
Additionally, the directive concentrated on individuals who are not citizens. According to it, they might be expelled or visas refused if they violate the flag by committing a simultaneous breach of the immigration and criminal laws. However, the situation is somewhat complicated, and we will clarify that shortly.