Is it illegal to burn the American flag in Texas?

Asked by: Michele Tromp  |  Last update: March 25, 2026
Score: 4.8/5 (29 votes)

No, it's not illegal to burn the American flag in Texas because the U.S. Supreme Court ruled in Texas v. Johnson (1989) that flag burning is protected symbolic speech under the First Amendment, making state laws, like Texas Penal Code § 42.11, unconstitutional for this purpose, though you could face charges for related crimes like theft, trespassing, or inciting violence.

Is it legal to burn the American flag in Texas?

Destruction of Flag. (a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas.

Is it a crime to burn the American flag?

No. The Court has recognized that the First Amendment protects certain forms of symbolic speech. Flag burning is such a form of symbolic speech. When a flag is privately owned, the owner should be able to burn it if the owner chooses, especially if this action is meant in the form of protest.

Did Johnson go to jail for burning the flag?

Activist Gregory Lee Johnson was convicted for burning an American flag during a protest outside the 1984 Republican National Convention in Dallas, Texas, and was fined $2,000 and sentenced to one year in jail in accordance with Texas law.

Can I burn an American flag to dispose of it?

According to the resolution, "The approved method of disposing of unserviceable flags has long been that they be destroyed by burning." The U.S. flag is considered such a sacred symbol that burning it in an undignified manner constitutes desecration. That's why the ceremonies are held in a specific manner.

Can You Burn An American Flag? | Texas v. Johnson

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How to properly get rid of an American flag?

Although the U.S. Code says that burning is the preferred method to dispose of a Flag, people also do so flag via burial. If you choose this method, place a folded Flag in a dignified wooden box. Pause for a moment of silence after burying the Flag box in the ground.

Did the Supreme Court rule on burning the American flag?

The U.S. Supreme Court has ruled in Texas v. Johnson (1989) and United States v. Eichman (1990) that burning the American flag as a form of political protest is a protected symbolic speech under the First Amendment, meaning states and the federal government cannot ban it as desecration because it expresses an idea, even if offensive to others. The Court found that the government can't prohibit expression just because it finds the idea disagreeable, reinforcing that flag burning, though controversial, is expressive conduct protected by free speech principles. 

What does burning a flag symbolize?

Flag burning is a potent symbolic gesture conveying sharp criticism of the state. Many American believe that flag desecration emerged initially during the Vietnam War era, but the history of this caustic form of protest can be traced to the period leading up to the Civil War.

What are the 5 American flag rules?

Five key American flag rules include displaying it from sunrise to sunset (or illuminated at night), ensuring it never touches the ground or anything beneath it, not using it as clothing or for advertising, keeping it clean and undamaged, and always allowing it to fly freely with the union (stars) in the upper left. 

Why did the Supreme Court rule that burning the American flag quizlet?

The act may seen as disrespectful. However, The Supreme Court ruled out that the burning of the flag is a form of symbolic speech that communicates a specific message and viewpoint. Thus, it is protected by the First Amendment.

Is it illegal to fly a ripped American flag?

You can legally fly a ripped American flag, as there are no penalties, but the U.S. Flag Code strongly advises against it, stating that a tattered, dirty, or worn flag is no longer a fitting emblem and should be retired with dignity (often by burning). It's considered disrespectful to the nation and military veterans to display a flag in poor condition, so take it down, repair it if possible, or dispose of it properly when it becomes unserviceable.
 

What are some alternatives to burning a flag?

Lastly, WikiHow states that you also have the option to respectfully bury the flag. You should fold the flag in the ceremonial triangle, place in a strong wooden box, and bury a few feet in the ground. Similar to burning the flag, make sure to handle it with care and consider its meaning as you bury it.

In what country is it illegal to burn the flag?

It's illegal to burn national flags in many countries, including Germany, France, Russia, China, India, the Philippines, and Israel, with penalties ranging from fines to years in prison, while some nations like the UK, Canada, and the U.S. protect it as free speech, though Denmark prohibits burning foreign flags but allows its own. Laws often target disrespect for national symbols, with specific prohibitions on flag burning or desecration under criminal codes. 

What can you not burn in Texas?

(2) PROHIBITED MATERIALS: Electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber must NOT be burned.

What happened to the flag protection act of 1989?

On June 11, 1990, the Supreme Court in the case of United States v. Eichman struck down the Flag Protection Act, ruling again that the government's interest in preserving the flag as a symbol does not outweigh the individual's First Amendment right to disparage that symbol through expressive conduct.

Can you fly the Texas flag over the American flag?

If two flags fly side-by-side, the U.S. flag must be on the flag's right (and the viewer's left). If the U.S. flag flies with multiple state flags, the U.S. must be in the center and higher than the rest. No flag may fly above the U.S. flag, but according to those guidelines all state flags may fly at the same height.

How to properly burn an American flag?

Flag Disposal

  1. The flag should be folded in its customary manner.
  2. It is important that the fire be fairly large and of sufficient intensity to ensure complete burning of the flag.
  3. Place the flag on the fire.

Is it illegal to fly the American flag at night without a light?

No, it's not illegal, as the U.S. Flag Code provides guidelines, not laws with penalties, but it is considered a breach of flag etiquette to fly the American flag at night without proper illumination, requiring it to be lit if displayed 24/7 to show respect and ensure visibility from sunset to sunrise. If you don't have a light, the traditional custom is to lower the flag at sunset, though many people fly it overnight if it's well-lit by nearby lights or a dedicated flagpole light. 

Is it okay to fly the American flag on 24/7?

Time and occasions for display. (a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flag staffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness.

What to say when you burn a flag?

If your fire department gives you the go-ahead, and you obtain right permits, flag burning can be done by folding the flag properly and then gently laying the flag on a pit or fire. You can have someone salute or recite the “Pledge of Allegiance, “or sing “The National Anthem" while the flag is burning.

What day do you burn flags?

Following is the entire ceremony as it appears in the “Manual of Ceremonies.” We encourage your use of the ceremony on Flag Day, June 14, on an annual basis. By doing so, you will enhance respect to the flag in your community and provide a much-needed service to those who have flags needing to be retired.

Is it okay to burn an old American flag?

The United States Flag code states, “The flag, when it is in such condition that it is no longer a fitting emblem of display, should be destroyed in a dignified way, preferably by burning.”

Is it illegal to burn the flag in Israel?

In 2022, Israel passed a new amendment, meaning those convicted of deliberately burning an Israeli flag face up to three years in prison.

What is the flag desecration amendment?

It reads: ``Congress shall have the power to prohibit the physical desecration of the flag of the United States. '' It does not make anything illegal. If it is enacted, the amendment would simply authorize--but not require--Congress to pass a law protecting the American flag.

What did the Supreme Court rule in Johnson v. United States?

In the significant 2015 case, Johnson v. United States, the Supreme Court ruled that the "residual clause" of the Armed Career Criminal Act (ACCA) was unconstitutionally vague, violating the Due Process Clause of the Fifth Amendment because it failed to provide fair notice of what conduct qualified as a violent felony, leading to arbitrary enforcement by judges. This meant a mandatory sentence enhancement under the ACCA could not be applied based on this ambiguous clause.