What is the statute of desecration of the flag in Texas?
Asked by: Ruth Hackett | Last update: April 13, 2026Score: 4.3/5 (5 votes)
Texas law, specifically Texas Penal Code § 42.11, prohibits intentionally or knowingly damaging, defacing, mutilating, or burning the U.S. or Texas flag, making it a Class A misdemeanor, but this statute is significantly limited by the Supreme Court's ruling in Texas v. Johnson (1989), which declared flag burning as symbolic speech protected by the First Amendment, meaning states cannot criminalize it based solely on offense or to preserve a particular meaning of the flag.
What counts as defacing the flag?
Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
What is the punishment for violating the Flag Code?
What Happens If You Violate the Flag Code? From 1968 to 1989, burning or defacing the American flag was a criminal offense, but it was struck for violating the First Amendment. There are no longer any legal penalties for Flag Code violations.
What is the Court case on flag burning?
Facts and case summary for Texas v. Johnson, 491 U.S. 397 (1989). Flag burning constitutes symbolic speech that is protected by the First Amendment.
What is the Flag Protection Act of 1989?
Flag Protection Act of 1989 - Amends the Federal criminal code to eliminate knowingly casting contempt on the U.S. flag as an element of desecration of the flag. Makes it unlawful to maintain a U.S. flag on the floor or ground or to physically defile such flag.
Can You Burn An American Flag? | Texas v. Johnson
Is there a law against desecrating the flag?
§ 700. Desecration of the flag of the United States; penalties 713. "(a) Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
What is the Flag Act law?
The Flag Act of 1818 (3 Stat. 415) was enacted by Congress on April 4, 1818. It provided for the modern rule of having thirteen horizontal stripes and having the number of stars match the current number of states. It also provided that subsequent changes in the number of stars be made on July 4, Independence Day.
Is it illegal to burn the American flag in Texas?
Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech.
How did Congress respond to the Supreme Court's ruling in Texas v. Johnson?
In reaction to the Johnson decision, which only applied to the Texas flag-desecration law, Congress passed a national anti-flag burning law called the Flag Protection Act of 1989.
How to cite Texas v. Johnson?
MLA citation style:
Brennan, William J., Jr, and Supreme Court Of The United States. U.S. Reports: Texas v. Johnson, 491 U.S. 397 .
What is an example of desecration of the American flag?
One example of flag desecration is a protestor publicly burning a national flag to express dissent against government policies. Another example might involve an artist using a flag in a controversial artwork that involves cutting or altering the flag (hypothetical example).
Who enforces the Flag Code?
THE ANSWER:
U.S. Flag Code is officially written in law and appears in Title 4 and Title 36 of U.S. Code. It was written and approved by Congress and is officially a law. But, unlike many other laws, there are no federal punishments or enforcement for citizens who don't follow the code.
What are five things not allowed under the Flag Code?
Five prohibited acts involving the U.S. flag include: displaying it with the union down (except as a signal of distress), allowing it to touch anything beneath it (like the ground or water), using it for decoration or advertising, placing anything on it, and using it as wearing apparel or drapery.
What is an example of a defaced flag?
In vexillology, defacement is the addition of a symbol or charge to a flag. For example, the Australian flag is the British Blue Ensign defaced with a Southern Cross in the fly.
What is considered disrespecting the flag?
(b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. (c) The flag should never be carried flat or horizontally, but always aloft and free. (d) The flag should never be used as wearing apparel, bedding, or drapery.
What is the Flag Code section 7?
§7.
The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line.
Did Johnson go to jail for burning the flag?
Johnson was convicted of desecration of a venerated object in violation of a Texas statute, and a State Court of Appeals affirmed. However, the Texas Court of Criminal Appeals reversed, holding that the State, consistent with the First Amendment, could not punish Johnson for burning the flag in these circumstances.
What was the rule of law in Texas v. Johnson?
Johnson, 491 U.S. 397 (1989) The First Amendment protections on symbolic speech prevent states from banning desecrations of the American flag.
Does the First Amendment protect flag burning?
The Heart of the First Amendment: Political Speech
That's why they gave citizens the right to protest policies, support or oppose candidates, and express their opinions freely, among other things. In fact, flag burning is legally protected political speech. Yes, you read that right!
What are the 5 American flag rules?
Five key American flag rules include never letting the flag touch the ground, never using it as clothing or decoration (except for flag patches on uniforms), always displaying it with the union (stars) up and to the observer's upper left, ensuring it's illuminated at night, and retiring worn flags respectfully, often by burning, according to U.S. Flag Code guidelines.
Can the Texas flag be flown over the American flag?
No flag in any display shall fly above the U.S. or State of Texas flag.
How to dispose of American flag in Texas?
The United States Flag Code, Title 4, Section 8k 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." Arlington has an ash vault at Veterans Park that was built by Boy Scout Troop 222.
What is considered desecration of the flag?
Flag desecration is the desecration of a flag, violation of flag protocol, or various acts that intentionally destroy, damage, or mutilate a flag in public. In the case of a national flag, such action is often intended to make a political point against a country or its policies.
Can an hoa stop you from putting up an American flag?
When it comes to flag rules, associations must abide by the Freedom to Display the American Flag Act of 2005. HOAs and other real estate management organizations cannot prohibit its members from displaying the American flag on private property.
What is the new one flag rule?
To prohibit the flying, draping, or other display of any flag other than the flag of the United States at public buildings, and for other purposes. To prohibit the flying, draping, or other display of any flag other than the flag of the United States at public buildings, and for other purposes.