[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/texas-criminal-defense-lawyer-answers-flag-burning-crime\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/texas-criminal-defense-lawyer-answers-flag-burning-crime\/","headline":"Is Flag-Burning a Crime?","name":"Is Flag-Burning a Crime?","description":"There is no question that flag-burning is controversial but should there be consequences when individuals choose to do so? Whatever your political leanings, you have probably heard numerous news reports about the aftermath of the presidential election, as well as the status of President-elect Trump\u2019s transition into the White House. For Trump, who is a...","datePublished":"2017-03-22","dateModified":"2024-05-03","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/#Person","name":"Mick Mickelsen","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/","identifier":16,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2017\/03\/Texas-Criminal-Defense-Lawyer-Answers-Is-Flag-Burning-a-Crime.jpg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2017\/03\/Texas-Criminal-Defense-Lawyer-Answers-Is-Flag-Burning-a-Crime.jpg","height":2560,"width":2560},"url":"https:\/\/www.brodenmickelsen.com\/blog\/texas-criminal-defense-lawyer-answers-flag-burning-crime\/","about":["Federal Criminal Defense"],"wordCount":491,"keywords":["Flag-Burning","Texas criminal defense lawyer","Texas Federal Criminal Defense Lawyer","Texas federal criminal defense lawyer Clint Broden"],"articleBody":"There is no question that flag-burning is controversial but should there be consequences when individuals choose to do so?Whatever your political leanings, you have probably heard numerous news reports about the aftermath of the presidential election, as well as the status of President-elect Trump\u2019s transition into the White House.For Trump, who is a well-known Twitter user, social media seems to be a preferred vehicle of communication. Recently, however, he stirred up controversy with a comment about flag-burning.Trump made headlines November 29 when he tweeted that there should be harsh penalties for individuals who burn the U.S. flag. Trump wrote, \u201cNobody should be allowed to burn the American flag\u2014if they do, there must be consequences\u2014perhaps loss of citizenship or year in jail!\u201dThere is no question that flag-burning is controversial. The stars and stripes is one of the most enduring symbols of the country. Understandably, many veterans and ordinary citizens feel protective of the flag. For some, it is akin to a sacred symbol.But is burning it a crime? Or should it be? Opinions are divided, but the U.S. Supreme Court has already weighed in on the issue.Flag-Burning Protected: United States v. EichmanIn United States v. Eichman (1990), the Supreme Court held that burning the flag is protected speech under the First Amendment. In 1989, the Court also reversed a Texas statute that purported to punish people for desecrating the flag. There are certain protocols for caring for an American flag and disposing of old flags, but citizens can\u2019t be criminally prosecuted for failing to follow them.However, the issue of flag-burning has reappeared many times in the intervening years. In 2005, Hillary Clinton sponsored a proposed law that would have banned desecration of the flag if the desecration posed a threat to public safety. The Senate did not approve the bill.No Loss of Citizenship as PunishmentFurthermore, the Supreme Court also ruled in Afroyim v. Rusk (1967) that U.S. citizens can\u2019t lose their citizenship as a form of punishment, nor can they be stripped of citizenship involuntarily.Texas federal criminal defense lawyer Clint Broden explains: \u201cThe Supreme Court in the Afroyim case held that the Fourteenth Amendment does not give Congress the power to revoke a person\u2019s American citizenship. The only way to lose your citizenship is to relinquish it voluntarily.\u201dPeople have strong opinions about flag burning, with many people feeling it is disrespectful. On the flipside, others believe that flag burning is a powerful form of protest speech. Still, others personally would never burn a flag, but they also uphold the right of their fellow citizens to do so under the law.The bottom line is that flag burning is not a crime, as it is protected as free speech under the First Amendment.Broden & Mickelsen, LLP2600 State St Dallas, Texas 75204Main Phone: (214) 720-9552Office DirectionDallas Criminal Defense Lawyer on FacebookSOURCE: Broden & Mickelsen, LLP"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Is Flag-Burning a Crime?","item":"https:\/\/www.brodenmickelsen.com\/blog\/texas-criminal-defense-lawyer-answers-flag-burning-crime\/#breadcrumbitem"}]}]