On June 10, 2025, during anti-ICE protests in Seattle, a familiar scene unfolded: People holding up flags of their country of origin while burning the American flag. This act, which has become increasingly common at demonstrations in recent years, reignited the long-standing debate over whether flag burning should be legal and whether it is morally acceptable, even if some consider the answers to these questions self-evident.
To answer these questions we first need to look back (as we always do) to the most notable cases of flag burning cases and rulings throughout the history of this controversial practice.
One of the earliest recorded instances of American flag burning dates back to 1862 involving residents of New Orleans during the Civil War. We would see this practice reemerge during the Vietnam War as a popular form of anti war protest. However, it wasn’t until June 21st , 1989 that the supreme court intervened to rule on the legality of flag burning. The court ruled that flag burning was a constitutionally protected form of free speech as a conclusion of Texas v. Johnson where Gregory Lee Johnson burned an American flag at the 1984 Republican National Convention in Dallas to protest the policies of the Reagan administration. He was arrested and convicted under a Texas law prohibiting flag desecration. However, the Texas Court of Appeals overturned his conviction, finding that Johnson’s actions were protected free speech. 36 years after that rulling the question of flag burning’s morality and legality return. As far as current law goes, the burning of the American Flag is protected.
How many countries have followed suit with the United States on the issue of flag burning? Not many!
The Netherlands, Australia, Canada, and South Africa are some notable countries who do not specifically enforce legislation against flag burning.
Which countries do make flag burning illegal? Well Argentina, Chile, China, Cuba, Egypt, France, Germany, Greece, Haiti, India, Iraq, Israel, Kuwait, Libya, Mexico, New Zealand, Nicaragua, the Philippines, the Russian Federation, Spain, Sudan, Switzerland, Syria, and Taiwan for starters!
The penalties for flag burning in these countries vary. In France, flag desecration can lead to up to 6 months in prison and a fine of €7,500. Similarly, in Germany, flag desecration can result in imprisonment for up to 3 years. In Greece, desecrating the national flag can lead to imprisonment for up to two years or a fine. One of the more extreme penalties comes from North Korea who can set you back a decade in “reform through labor”.
What is a flag? What separates it from any other piece of decorated fabric?
A flag is a symbol that represents a country or group. It reflects a country’s values, beliefs, history, and culture. The colors, shapes, and designs used in a flag can stand for important events, geographic features, political ideals, cultural traditions. A country’s flag means something to the majority of the country’s population. Soldiers who fought for the country are buried with one, it is a symbol of the country itself.
What does burning a flag represent? Burning a flag represents strong disagreement or rejection of what the flag stands for, such as the values, actions, or policies of the country or group it represents. It is for this reason that many countries have had flag burning banned.
We leave the question to our reader as we often do, should there be a revisitation of the legality of flag burning in the United States?