Ian’s Legal Fact of the Week 2/2/15: Flag Desecration Amendment

The Flag Desecration Amendment (aka “The Flag-burning Amendment”) was a proposed constitutional amendment stating “The Congress shall have power to prohibit the physical desecration of the flag of the United States.” It was first introduced in the House of Representatives in 1995, but the last attempt to pass it failed in the U.S. Senate by one vote in 2006. Legal commentators have pointed to ambiguities and interpretative issues with the proposed language that likely would have resulted in Supreme Court decisions that would have proven unsatisfactory to both supporters and opponents of the amendment.

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