Flag desecration

Generally a national flag is held to be an extraordinary symbol, one which is linked to national identity. Flag desecration is the intentional defacing or dishonoring of a flag, most often that of a nation-state, though other flags are defaced as well. Often, it is intended to make a political point, strongly expressing disapproval of a country or its policies.

In most nations, flag desecration is viewed as impolite or offensive behavior. In some countries, it is viewed as a very serious matter, and some countries may define specific acts of flag desecration as criminal.

There are usually various criteria as regards "proper use" of the flag, which in some countries may be dictated by law. Abuse of the flag, running contrary to these regulations, may be classified as flag desecration.

Acts of Flag Desecration

Often flag desecration occurs during demonstrations or protests against a country's policies, or out of hate for that nation's people or ideals. This may take the form of flag burning, or defacing of the flag with slogans, dirt or fecal matter. A flag might also be ripped, walked upon, spat upon, or dragged through the dirt. To treat the national flag of a country or group of people in such a manner generally causes deep distress or provocation. There are less serious forms of flag desecration, such as hanging a nation's flag improperly (e.g. upside-down or reversed). Some nations would view even this behaviour very dimly.

The United States

Internationally, the American flag is a frequent target of flag desecration protests, particularly in the Middle East. This has varied from minor desecration at political demonstrations, to severe desecration at violent protests. In most cases, anger at US foreign policy or Anti-Americanism are the reasons for such acts.

Domestically, desecrating the flag is an act of protected speech under the First Amendment to the Constitution, according to the Supreme Court's ruling in the 1989 flag burning case, Texas v. Johnson. Though prohibitions on public fires in general are permissible, for example, laws that discriminate on the expressive content of the act of flag burning are not (especially since the ritualized burning of the American flag is considered an appropriate way to dispose of a damaged or soiled flag).

Since the Supreme Court's decision, there have been many proposals in Congress to amend the Constitution to prohibit flag burning, but none have been successful. A federal law prohibiting flag desecration was invalidated in United States v. Eichman, under the same reasoning (and the same voting divisions among the justices) as Texas v. Johnson.

Many technical acts of disrespect go unnoticed even by the patriotic. It is interesting to compare the flap over Janet Jackson's "costume malfunction" at the 2004 Superbowl with the nonflap over Kid Rock's wearing the US flag as a poncho; Title 4 Chapter 1 states that the flag should not be used "as wearing apparel"[1] yet it is a very common sight.

United Kingdom

United Kingdom law does not have any concept of flag desecration. The Union Flag of the United Kingdom and the tricolour of the Republic of Ireland are often defaced or burnt in Northern Ireland as a political provocation or a protest.

Ireland

Flag desecration is often taken very seriously no matter how minor. For example, during the 2002 Football World Cup, the Guinness beverage company were reprimanded by the Irish Government for selling the Irish Tricolour with a Guinness logo in the centre of the flag.