What is the US Code 700?
Asked by: Shea Kunde | Last update: April 20, 2026Score: 4.4/5 (69 votes)
U.S. Code Title 18, Section 700 (18 U.S.C. § 700) deals with the penalties for desecrating the flag of the United States, making it a federal offense to knowingly cast contempt on the flag by publicly mutilating, defacing, burning, or trampling it, though its enforcement has been challenged as violating free speech, with Supreme Court cases like Texas v. Johnson impacting its application. This statute, part of Chapter 33 (Emblems, Insignia, and Names), defines what constitutes a flag and outlines punishments, but its constitutionality remains a complex issue in American law.
Is 18 US code 700 unconstitutional?
An Act to prohibit desecration of the flag and for other purposes. United States v. Eichman, 496 U.S. 310 (1990) in which the act (18 U.S.C. § 700) was struck down by the Supreme Court on June 11, 1990.
What is the 18 US Code 700?
§700. Desecration of the flag of the United States; penalties. (a)(1) 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.
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.
Is there a law against altering the American flag?
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's Actually in the US Flag Code?
How many times has the U.S. flag been modified?
The current design of the U.S. flag is its 27th; the design of the flag has been modified officially 26 times since 1777. The 48-star flag was in effect for 47 years until the 49-star version became official on July 4, 1959.
Is it illegal to burn a flag on private property?
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.
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.
What are the fighting words in Texas v. Johnson?
Johnson (1989), the Supreme Court redefined the scope of the fighting words doctrine to mean words that are "a direct personal insult or an invitation to exchange fisticuffs." There, the Court held that the burning of a United States flag, which was considered symbolic speech, did not constitute fighting words.
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 is Section 666 of Title 18 of the United States Code?
Section 666(b) requires that the organization, government or agency must have received, in any one year period, "benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance." This provision does not distinguish between cash ...
How do you get rid of the American flag?
You can bury a flag in the ground in a well-constructed container to keep it protected. In the U.S. Flag Code, it states the cloth should not come in contact with the ground or dirt. Fold it properly and place it in the box. Take a moment of silence or respectfully say a few words as you bury the box.
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.
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.
Is it illegal to burn the Israeli flag?
This incident was considered serious by the police and others since the youths were suspected in other acts of vandalism and claimed to be Satanists. In 2022, Israel passed a new amendment, meaning those convicted of deliberately burning an Israeli flag face up to three years in prison.
What was the Supreme Court decision on the flag?
The majority of the Court, according to Justice William Brennan, agreed with Johnson and held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment.
Why did Johnson burn the American flag?
In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration.
Can I hit someone for fighting words?
No. Verbal aggression, insults, or shouting don't automatically justify physical force. For your actions to qualify as self-defense, the threat must involve an imminent use of physical force — meaning the person is about to hit you or harm you.
Do words constitute assault?
As stated in Penal Code Section 240, assault is the unlawful attemptto commit an injury. This means that no actual injury is required, rather the simple attemptto commit the injury is sufficient. For example, shouting profanities at someone does not constitute assault, as mere words are not enough.
Is it illegal to fly a flag at night without a light?
No, it's not technically illegal (no federal law with penalties), but the U.S. Flag Code strongly advises and it's considered disrespectful to fly the American flag at night without proper illumination, meaning it must be lit so it's clearly visible in the dark; otherwise, it should be taken down at sunset as a sign of respect.
Why are there 13 red stripes on the American flag?
The United States flag has 13 stripes because there were 13 original colonies. Today, the United States is an independent country. Before that, it was 13 separate colonies. Great Britain governed the 13 colonies.
What are three things one should never do out of respect to the flag?
Three things you should never do out of respect for the U.S. flag are: use it as clothing/bedding/drapery, let it touch the ground or water, and fly it upside down (unless in dire distress). Other key prohibitions include marking it, using it for advertising, or dipping it to any person or thing.
What was Johnson's punishment for burning the flag?
Johnson was convicted of desecrating a venerated object under state law and sentenced to one year in prison as well as a fine. Echoing precedents such as O'Brien v. U.S., Cohen v. California, and Tinker v. Des Moines, the majority reaffirmed that the First Amendment protects expressive conduct.
Do you have to burn your flag if it touches the ground?
The Flag Code states that the flag should not touch anything beneath it, including the ground. This is stated to indicate that care should be exercised in the handling of the flag, to protect it from becoming soiled or damaged. You are not required to destroy the flag when this happens.
What is the proper way to retire a flag?
The U.S. Flag Code says: "The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning." Flag Day (June 14) is one of the most common days to hold a flag disposal ceremony.