Flag-burning in the US: What is the law?
Donald Trump calls for prison term or citizenship to be revoked if people descrate the Stars and Stripes
Donald Trump has said Americans who burn the US flag should face "consequences", suggesting a year in prison or having their citizenship revoked as suitable punishments.
The president-elect's decision to highlight the issue yesterday is perplexing, says the Washington Post. "Flag-burning is not an issue that has occupied a central position in the American political consciousness of late," it says, although the flag has been set on fire in recent weeks during protests against the presidential election result.
What is the law?
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Laws prohibiting the burning or desecration of the Stars and Stripes have been struck down by the Supreme Court, most recently in 1990, because they were found to have violated the First Amendment protecting freedom of speech.
A constitutional amendment that would allow the government to ban flag-burning has been proposed many times but has never passed, says Politico.
What is Trump proposing?
While the president-elect hasn't elaborated on his call, it is possible he will look to resurrect a 2005 bill that would have banned flag-burning - co-sponsored by his Democratic rival, Hillary Clinton.
However, in an interview with CNN, Trump's senior communications adviser Jason Miller "struggled to defend the president-elect's position", says Politico.
What has the reaction been?
Trump has found himself in a minority on the issue, with even prominent Republicans arguing that flag-burning is constitutionally protected.
House majority leader Kevin McCarthy said he "did not agree with the practice" but it was important to protect First Amendment rights.
Senior Republican Sean Duffy added he thought it was "probably right that we want to protect those people who want to protest and their right to actually demonstrate with disgracing our flag".
Other warned Trump had introduced the idea of stripping citizenship rights for political speech.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Today's political cartoons - November 2, 2024
Cartoons Saturday's cartoons - anti-fascism, early voter turnout, and more
By The Week US Published
-
Geoff Capes obituary: shot-putter who became the World’s Strongest Man
In the Spotlight The 'mighty figure' was a two-time Commonwealth Champion and world-record holder
By The Week UK Published
-
Israel attacks Iran: a 'limited' retaliation
Talking Point Iran's humiliated leaders must decide how to respond to Netanyahu's measured strike
By The Week UK Published
-
What might a Trump victory mean for the global economy?
Today's Big Question A second term in office for the 'America First' administration would send shockwaves far beyond the United States' shores
By Rafi Schwartz, The Week US Published
-
Women take center stage in campaign finale
Speed Read Harris and Trump are trading gender attacks in the final days before the election
By Peter Weber, The Week US Published
-
US election: who the billionaires are backing
The Explainer More have endorsed Kamala Harris than Donald Trump, but among the 'ultra-rich' the split is more even
By Harriet Marsden, The Week UK Published
-
How GOP election denial thrives in 2024
In the Spotlight Cleta Mitchell aided Donald Trump's efforts in 2020. She's back.
By Joel Mathis, The Week US Published
-
Life in the post-truth era
Opinion The mainstream media can't hold back a tsunami of misinformation
By Theunis Bates Published
-
'Shale is crucial to the US economy'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
What is the next Tory leader up against?
Today's Big Question Kemi Badenoch or Robert Jenrick will have to unify warring factions and win back disillusioned voters – without alienating the centre ground
By Harriet Marsden, The Week UK Published
-
Donald Trump sees himself as 'protector' of Israel
The Explainer What does that mean for the war in Gaza?
By Joel Mathis, The Week US Published