"Flag burning" redirects here. For burning of flags as a method of disposal, see Flag protocol
is the desecration
of a flag
, violation of flag protocol
, or various acts that intentionally destroy, damage, or mutilate a flag in public. In the case of a national flag
, such action is often intended to make a political point against a country or its policies. Some countries have laws forbidding methods of destruction (such as burning in public) or forbidding particular uses (such as for commercial purposes); such laws may distinguish between desecration of the country's own national flag
and flags of other countries.
German flags being burned in a protest.
Actions that may be treated as desecration of a flag include burning it (flag burning
urinating or defecating on it, defacing it with slogans
stepping upon it, damaging it with stones or guns, cutting or ripping it,
improperly flying it, verbally insulting
it, dragging it on the ground,
or eating it.
Flag desecration may be undertaken for a variety of reasons. It may be a protest against a country's foreign policy
, including one's own, or the nature of the government in power there. It may be a protest against nationalism or a deliberate and symbolic insult to the people of the country represented by the flag. It may also be a protest at the very laws prohibiting the act of desecrating a flag.
Burning or defacing a flag is a crime in some countries. In countries where it is not, the act may still be prosecuted as disorderly conduct
, arson, or, if conducted on someone else's property, theft or vandalism.
In Algeria, flag desecration is a crime. According to article 160bis
of the Algerian penal code, the intentional and public shredding, distortion, or desecration of the national flag is punishable by 5 to 10 years of imprisonment.
In 2010, an Algerian court convicted 18 people of flag desecration and punished them by up to 6 years of imprisonment and $10,000 in fines after protests about jobs and housing.
The Penal Code (Código Penal) on its Article 222 criminalizes the public desecration of the national flag, coat of arms, national anthem, or any provincial symbol, imposing from 1 to 4 years of imprisonment.
Flag desecration is not, in itself, illegal in Australia.
However, flag desecration must be compliant with the law.
In Coleman v Kinbacher & Anor (Old Police)
Coleman was successfully prosecuted for flag burning, not because of its political nature, but because given the size of the flag, the use of petrol as an accelerant, and the fact that it was in an open park area, many members of the public experienced "concern, fright and anger", and in these circumstances flag burning could be considered disorderly conduct
Attempts to ban flag burning
There have been several attempts to pass bills making flag burning illegal in Australia, none of which have yet been successful. As of May 2016, the most recent bill which attempted to ban flag burning was the Flags Amendment (Protecting Australian Flags) Bill 2016
, which was introduced by National Party
MP George Christensen
and is not proceeding.
During the 2005 Cronulla riots
, a Lebanese-Australian youth, whose name has been kept secret, climbed a Returned and Services League (RSL)
club building and tore down its flag before setting it on fire. The youth was sentenced to 12 months probation
not for flag desecration but for the destruction of property of the RSL.
In October of that year the youth accepted an invitation from the RSL to carry the Australian flag along with war veterans in the Anzac Day
march the following year.
However, the RSL was forced to withdraw this invitation as it received phone calls from people threatening to pelt the youth with missiles on the day.
The head of the New South Wales RSL was quoted as saying that "the people who made these threats ought to be bloody ashamed of themselves".
In 2006, Australian contemporary artist Azlan McLennan
burnt an Australian flag and displayed it on a billboard outside the Trocadero artspace in Footscray, Victoria
. He called the artpiece Proudly UnAustralian
The socialist youth group Resistance
marketed "flag-burning kits" – inspired by, and to protest, the censorship of Azlan McLennan's art – to university students.
Tasmanian Aboriginal Centre worker Adam Thompson burned the Australian flag on the week of Australia Day
(2008) celebrations in Launceston
's City Park to the cheers of about 100 people, who were rallying against what they call "Invasion Day
activists burned the Australian flag on 27 January 2012 at the entrance to Canberra
's Parliament House as they called for Aboriginal sovereignty over Australia.
In Austria flag desecration is illegal under §248 Strafgesetzbuch
Offenders can be fined or punished with up to 6 months of imprisonment. Under §317 Strafgesetzbuch desecration of flags of foreign states or international organizations can be punished if Austria maintains diplomatic relations with them or belongs to the respective organization.[clarification needed]
Flag desecration is not forbidden by Belgian law. Flemish
nationalists have burned Belgian flags on at least one occasion.
Brazilian law number 5700, chapter V,
from 1971, concerns respect and the national flag:
Article 30 states that, when in the flag is being marched or paraded (for example, when the national anthem is being played), everyone present must take a respectful attitude, standing in silence. Males must remove any head coverings. Military personnel must salute or present arms according to their corps' internal regulations.
Article 31 states that it is prohibited:
- to present or fly any national flag which is in a poor condition;
- to alter the national flag's proportions, colors, shape, or label, or deface it with any other inscriptions;
- to use the national flag as clothing, a mouth covering, drapery, a tablecloth or napkin, table trim, a podium coating, or as a cover for objects that are to be inaugurated; and
- to use the national flag as a label or wrapping for products at a sale.
Article 32 states that flags in a bad condition must be sent to the nearest military unit for incineration on Flag Day according to ceremonial procedures.
Article 33 states that, except at diplomatic missions such as embassies and consulates, no foreign flag may be flown without a Brazilian flag of the same size in a prominent position alongside it.
Chapter VI of the law states, in article 35, that the act of a civilian breaking this law is considered a misdemeanor
, punished with a fine of one to four times the highest reference value active in the country, doubled in repeated infringement cases. In the Brazilian Armed Forces' Military Penal Code,
article 161, a soldier, airman or seaman who disrespects any national symbol is punished with one to two years' detention; officers may be declared unsuitable for their rank.
activists sometimes burn Canadian flags in protest against perceived unfair treatment by Canada.
Flag desecration is prohibited in China. The penal code
provides for imprisonment up to three years, criminal detention, public surveillance, or deprivation of political rights for anyone who "desecrate[s] the National Flag
(Wǔ Xīng Hóngqí) or the National Emblem of the People's Republic of China
by intentionally burning, mutilating, scrawling on, defiling or trampling upon it in public".
According to Radio Free Asia
, in January 2014 after Uyghur
residents were reportedly forced to bow to a flag of China before worshipping at Xaniqa mosque in Yengimehelle township, Xayar County
, Aksu Prefecture
, three Uyghur youths burned the flag. Raids on Uyghur homes searching for the youths continued into 2015. Authorities warned residents not to discuss the flagburning incident.
According to Danish tradition, burning is the proper way to dispose of a worn Dannebrog flag.
According to tradition, care must be observed to ensure that a flag never touches the ground, i.e., even when being disposed of, it should be placed on top of a fire. Flying the flag after sundown is also inappropriate behaviour.
According to the Faroese
flag law the Faroese flag, Merkið
, may not be desecrated, "neither by words or by deeds".
According to the law on the Finnish flag
it is illegal to desecrate the flag, treat it in disrespecting manner, or remove it from a public place without permission.
According to French law,
a person outraging the French national anthem or the French flag during an event organized or regulated by public authorities is liable to a fine of €7,500 (and six months' imprisonment if performed in a gathering). The law targets "outrageous behaviour" during public ceremonies and major sports events.
This clause was added as an amendment to a large bill dealing with internal security, in reaction to a football
match during which there had been whistles against La Marseillaise
, but also to similar actions during public ceremonies.
The amendment initially prohibited such behaviour regardless of the context, but a parliamentary commission later restricted its scope to events organized or regulated by public authorities,
– which is to be understood, according to the ruling of the Constitutional Council
as events organized by public authorities, mass sport matches and other mass events taking place in enclosures, but not private speech, literary or artistic works, or speech during events not organized or regulated by public authorities.
In 2006, a man who had publicly burnt a French flag stolen from the façade of the city hall of Aurillac
during a public festival, organized and regulated by public authorities, was fined €300.
A July 2010 law makes it a crime to desecrate the French national flag in a public place, but also to distribute images of a flag desecration, even when done in a private setting, if the objective is to create trouble in public space.
On 22 December 2010, an Algerian national was the first person to be convicted under the new status, and ordered to pay a €750 after breaking the pole of a flag hung in the Alpes-Maritimes prefecture
a day prior.
Under German criminal code (§90a Strafgesetzbuch
(StGB)) it is illegal to revile or damage the German federal flag as well as any flags of its states in public. Offenders can be fined or sentenced to a maximum of three years in prison, or fined or sentenced to a maximum of five years in prison if the act was intentionally used to support the eradication of the Federal Republic of Germany or to violate constitutional rights. Actual convictions because of a violation of the criminal code need to be balanced against the constitutional right of the freedom of expression, as ruled multiple times by Germany's constitutional court.
It is illegal to damage or revile flags of foreign countries, if they are shown publicly by tradition, event, or routinely by representatives of the foreign entity (§104 StGB). On the other hand, it is not illegal to desecrate such flags that serve no official purpose (especially any provided by the perpetrator).
In May 2020, desecrating foreign flags, as well as the flag of Europe
, became punishable by up to three years imprisonment.
Social activist Koo Sze-yiu has been convicted several times of flag desecration. He was sentenced to a nine-month prison term in 2013 for the offence.
However, the sentence was reduced to four months and two weeks after an appeal. In March 2016 he was sentenced to a six-week prison term for burning the regional flag in Wanchai on HKSAR Establishment Day
in 2015. Koo responded that "he is happy to be punished as being jailed is part of the life of an activist, and he would continue to protest against the Beijing and Hong Kong governments and fight for democracy."
In January 2021, Koo was again jailed, this time for four months, for displaying an inverted Chinese flag with slogans written on it in July 2020.
In October 2016, some miniature Chinese and Hong Kong flags that had been placed by pro-Beijing legislators in the Legislative Council chamber were flipped upside down by lawmaker Cheng Chung-tai
, who regarded them as "cheap patriotic acts". In April 2017 he was charged with flag desecration. He alleged that the arrest was part of a "general cleansing" of dissenting voices ahead of Carrie Lam
's inauguration as new chief executive.
On 29 September 2017, the Eastern Magistrates' Court
found Cheng guilty and fined him $5,000.
In December 2019, a 13-year-old girl was sentenced to 12 months probation for flag desecration during the 2019–20 Hong Kong protests
. She received a curfew as well as a criminal record; the act was described as "rash" by magistrate Kelly Shui. Government intervention was on the basis of "(Maliciously) challenging the national sovereignty".
During a demonstration at the beginning of the Hungarian revolution of 1956
someone in the crowd cut out the communist coat of arms from the Hungarian flag, leaving a distinctive hole, and others quickly followed suit. The "flag with a hole" became a symbol of the Hungarian resistance.
The practice of cutting out the communist coat of arms was also followed by other Eastern Bloc
countries, such as Romania
, especially during the Revolutions of 1989
The Indian Flag Code was often criticized for being too rigid and prevented ordinary citizens from displaying the flag on homes and other buildings. For many years, only government officials and other government buildings could unfurl the flag. That changed in 2001 when Naveen Jindal
won a court case in the Supreme Court of India
to give Indians the right to unfurl the flag publicly. The Indian cricket batsman Sachin Tendulkar
was accused of sporting the flag on his cricket helmet below the BCCI emblem. He later changed it and placed the flag above BCCI emblem. The flag code was updated in 2005; some new provisions include that the flag cannot be worn under the waist or on undergarments.
In 2004, many copies of the proposed new flag for Iraq were burnt (see flag of Iraq
). There were no such examples of burning the current Iraqi national flags, even by political opponents, as both contain the words Allahu Akbar
(God is great), so this would be seen as a religious insult.
The Department of the Taoiseach
's guide to the flag of Ireland
includes a list of "practices to avoid".
This states in part "The National Flag should never be defaced by placing slogans, logos, lettering or pictures of any kind on it, for example at sporting events."
A tricolour inscribed "Davy Keogh says hello" waved continually since 1981 has given its eponymous bearer a modicum of fame among Republic of Ireland soccer
ran a promotion before the 2002 FIFA World Cup
distributing Irish flags to supporters in pubs
, on which the tricolour's white band was defaced with Guinness's harp logo (which is similar to, but different from, the harp on the Irish coat of arms
Guinness apologised after public criticism. Cecilia Keaveney
said in a subsequent Dáil
debate, "It may not be possible to address defacing the flag through legislation, but the House must issue a strong message that this is unacceptable."
's 1926 play The Plough and the Stars
attracted controversy for its critical view of the Easter Rising
, in particular a scene in which a tricolour is brought into a pub frequented by a prostitute.
On 7 May 1945, the day before V-E Day
, celebrating unionist
students in Trinity College Dublin
raised the flags of the victorious Allies
over the college; when onlookers in College Green
began jeering, some took down the flag of neutral Ireland
, set fire to it and tossed it away, provoking a small riot.
In response, nationalist
students from University College Dublin
, including future Taoiseach Charles Haughey
, burned the British flag
in Grafton Street
The Provost of Trinity College
apologised for the incident, which was not reported in Irish newspapers owing to wartime censorship.
In 2007 six teenagers in the South Tel Aviv
suburb of Bat Yam
were arrested for burning an 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
Israeli flag graffitied on a trash bin, Amman
In 2016, Israel passed an amendment, meaning those convicted of burning an Israeli flag, or the flag of allied countries, face up to three years in prison.
In Italy, desecration of any Italian or foreign nation's national flag (vilipendio alla bandiera
) is prohibited by law (Article 292 of the Italian Penal Code) and punished with fines (between 1,000 and 10,000 euros
) for verbal desecration and with reclusion (up to two years) for physical damage or destruction.
In Japan, under Chapter 4, Article 92 of the Criminal Code
, any desecration of a recognized foreign nation's national flag and symbol to dishonour that particular nation is prohibited and punishable by fine or penal labour, but only on complaint
by the foreign government.
On 26 October 1987, an Okinawan supermarket owner burned the Hinomaru
, before the start of the National Sports Festival of Japan
The flag burner, Shōichi Chibana, burned the national flag not only to show opposition to atrocities committed by the wartime Japanese army and the continued Japanese-requested presence of U.S. forces, but also to prevent it from being displayed in public.
Other incidents in Okinawa included the flag being torn down during school ceremonies and students refusing to honor the flag as it was being raised to the sounds of "Kimigayo
In late January 2021, the ruling Liberal Democratic Party
announced its intention to pass a law in the Diet to prohibit the desecration of the Hinomaru
While Malaysia does not have specific legislation regarding flag desecration, legal action can be taken against those who show disrespect towards the national flag Jalur Gemilang
under the Penal Code (Act 574), Sedition Act 1948 (Act 15) and the Emblems & Names (Prevention of Control of Improper Use) 1963 (Act 193).
In October 2013, the Law Minister Nancy Shukri
announced that the Government would be removing the proposed Clause 5 amendment to the Penal Code, which proposed fining or jailing anyone charged with desecrating the Jalur Gemilang or a foreign flag for a term of between five and fifteen years. She clarified that provisions for safeguarding the national flag would be added under the proposed National Harmony Act.
Nine Australian men, the 'Budgie Nine
', were arrested after celebrating the 2016 Malaysian Grand Prix
by stripping to their 'budgie smuggler
' swimming trunks, decorated with the Malaysian flag.
After three days in custody they were charged with public nuisance and released. The briefs had been made in Australia, not Malaysia.
In 2013, a group of Chinese Malaysian
students in Taiwan
, were photographed with an upside-down national flag, and claimed the action was "to express their dissatisfaction of the just-concluded general election
that they alleged was carried out in an undemocratic way".
In another incident, a Chinese Malaysian
businessman Lee Kim Yew was reported to have dishonoring the national flag by changing its white stripes to black in an online post. The image, which has since been removed, was uploaded along with a post by Lee highlighting his recent blog entry on the inclusion of khat writing lessons in Bahasa Malaysia
textbooks for Year 4 students. His action drew widespread online criticism and Lee's Facebook account appeared to have been deactivated later on.
The use of the National Symbols (Coat of Arms, Anthem, and National Flag) in Mexico is protected by law.
In Mexico the desecration of the flag is illegal. Although punishment is not sought often and are usually not harsh, there are a few instances; for example, in 2008 a federal judge convicted an individual for 'desecrating the flag' in a poem. The ministry that oversees the use of national symbols requested four years in jail, but the judge only issued a small fine and a public warning.
In New Zealand, under the Flags, Emblems and Names Protection Act 1981
it is illegal to destroy the New Zealand flag
with the intent of dishonouring it. In 2003, Paul Hopkinson, a Wellington
schoolteacher, burned the national flag of New Zealand as part of a protest in Parliament grounds at the New Zealand Government's hosting of the Prime Minister of Australia
, against the background of Australia's support of the United States in the Iraq War
. Hopkinson was initially convicted under Flags, Emblems and Names Protection Act 1981 of destroying a New Zealand flag with intent to dishonour it, but appealed against his conviction. On appeal, his conviction was overturned on the grounds that the law had to be read consistently with the right to freedom of expression under the Bill of Rights
. This meant that his actions were not unlawful because the word dishonour in the Flags, Emblems and Names Protection Act had many shades of meaning, and when the least restrictive meaning of that word was adopted Hopkinson's actions did not meet that standard. This somewhat unusual result was due in part to the fact that the Bill of Rights does not overrule other laws (Hopkinson v Police
In 2007, activist Valerie Morse had burned the New Zealand flag during an ANZAC Day
dawn service in Wellington
. She was fined NZ$500 by the Wellington District Court and her conviction was upheld by the High Court and the Court of Appeal. After Morse's lawyers appealed the conviction on the grounds that she was being punished for expressing ideas, the New Zealand Supreme Court
ruled in 2011 that the previous rulings had misinterpreted the meaning of "offensive behavior" in the Summary Offences Act.
Desecration of foreign countries' flags or national coats of arms was previously banned according to the General Civil Penal Code §95. The ban had, however, rarely been practiced, and was eventually lifted in 2008.
Pakistan's flag comes under the strict protection of various constitutional clauses.[failed verification]
However, the statutes governing the topic consist only of Pakistan Flag Protocols and are unclear as with regards to legal status of the offender and the punishment under the Pakistan Penal Code
Except for a few occasions during 1971 Liberation War between then East and West Pakistan. The Bengali Separatists (Muktibahini) and their associated groups burned several flags as well as the flags of the armed forces of Pakistan. No incident of National Flag burning has been witnessed.
On 9 January 1964, a dispute broke out between Panamanian students and Americans living in the Panama Canal Zone
over the right of the flag of Panama
to be raised next to the flag of the United States
, as the Canal Zone was then a disputed territory
between the two nations. During the scuffle a Panamanian flag carried by Panamanian students was torn. This sparked four days of riots that ended with 22 Panamanians and four Americans dead and with Panama breaking diplomatic relations with the United States. This event is considered very important in the decision to negotiate and sign the Torrijos-Carter Treaties
, by whose terms the Panama Canal
administration was handed over to the Panamanian Government on 31 December 1999. 9 January is known as Martyrs' Day
and is commemorated in Panama as a day of mourning.
The precise law in Peru is unclear, but such acts are clearly capable of causing outrage. In 2008 the dancer, model and actress Leysi Suárez
appeared naked photographed using Peru's flag
as a saddle while mounted on a horse. The country's defence minister said she would face charges that could put her in jail for up to four years for offending patriotic symbols".
However, the case was closed in 2010.
Article III, Section 4 of the 1987 Philippine constitution reads as follows:
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Section 34a the Flag and Heraldic Code
of the Philippines declares that it is a prohibited act "to mutilate, deface, defile, trample on or cast contempt or commit any act or omission casting dishonor or ridicule upon the flag or over its surface;"
Section 50 declares, "Any person or judicial entity which violates any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than five thousand pesos (₱5,000.00) not more than twenty thousand pesos (₱20,000.00), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, That in case the violation is committed by a juridical person, its President or Chief Executive Officer thereof shall be liable."
Polish Criminal Code (1997) declares:
Article 137. § 1. "Whoever publicly insults, destroys, damages or removes an emblem, banner, standard, flag, ensign or other symbol of the State shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to one year." § 2. "The same punishment shall be imposed on anyone, who on the territory of the Republic of Poland publicly insults, destroys, damages or removes an emblem, banner, standard, flag, ensign or other symbol of another State, publicly displayed by a mission of this State or upon an order of a Polish authority." Article 138. § 1. "The provisions of Articles 136 and 137 § 2 shall apply, when the foreign country ensures reciprocity."
Currently, according to article 332 of the Penal Code
"Who publicly, by means of words, gestures or print publication, or by other means of public communication, insults the Republic, the Flag or the National Anthem, the coats of arms or the symbols of Portuguese sovereignty, or fails to show the respect they are entitled to, shall be punished with up to two years' imprisonment or a fine of up to 240 days". In the case of the regional symbols, the person shall be punished with up to one year's imprisonment or a fine of up to 120 days (fines are calculated based on the defendant's income).
The Portuguese Penal Code (article 323) also forbids the desecration of foreign symbols: "Who publicly, by means of words, gestures or print publication, or by other means of public communication, insults the official flag or other symbol of sovereignty of a foreign State or of an international organization of which Portugal is a member shall be punished with up to one year imprisonment or a fine of up to 120 days." This article applies under two conditions (article 324): that Portugal maintains diplomatic relations with the insulted country, and that there is reciprocity (i.e., that the insulted country would also punish any insult against Portuguese symbols of sovereignty, should they occur there).
On 5 October 2012, Aníbal Cavaco Silva
, then-President of the Republic, during the celebration of the 102 years of the Portuguese Republic, mistakenly flew the national flag upside down, which generated much controversy, with the Portuguese people regarding it as a "joke" and as a sign of disrespect.
The Romanian Penal Code
no longer prohibits flag desecration (as it was the case with the previous penal code
). Several laws attempting to reinstate punishments for manifestations which express contempt for the Romanian symbols (according to the constitution, these are the flag, national day, anthem and coat-of-arms) have not been approved.
National flag burning is illegal in Russia and punishable by up to five years in prison.
The flag of Saudi Arabia
bears the shahada
declaration of faith). Because the shahada
is considered holy, even the slightest disrespect amounts to not only desecration but blasphemy
. This has led to several incidents of controversy. In 1994, McDonald's
printed carry-out bags bearing the flags of all nations participating in the FIFA World Cup
(with a green flag with Saudi Arabia's coat of arms
superimposed, rather than the Saudi flag), while Coca-Cola
did the same on cans of soda. Because of Saudi Arabian objections, the companies stopped producing those items.
Also during the FIFA World Cup, in 2002, Saudi Arabian officials protested against printing the flag on a soccer ball on the belief that kicking the creed with the foot was unacceptable.
Flying the Saudi flag at half-mast
is considered desecration in Saudi Arabia.
The national flag of South Africa from 1928 to 1994; during the 20th century it was often burned in protest against the apartheid
policies of the then-South African government.
During the apartheid
era, protesters would burn the (now former) South African flag
in protest against the apartheid
policies of the South African government. In one example, Americans opposed to apartheid burned the then-South African flag at an anti-apartheid protest in the U.S. state of Massachusetts during the mid-1980s.
South Africans opposed to minority rule also burned the (now former) South African flag,
viewing it as a symbol of the country's government at the time.
Even the current South African flag designed and adopted in 1994 has been the subject of desecration. In early 1994, white supremacists from the "Afrikaner Volksfront
" organization burned the then-new South African flag in Bloemfontein
in protest against the country's pending democratization.
The South Korean national flag; flag desecration of the national flag in South Korea by the country's own citizens is rare when compared to analogous instances in other countries as the flag is viewed more along the lines of an ethnic flag
rather than merely just the flag of a state.
The South Korean Criminal Act
punishes flag desecration, of both domestic and foreign, in various ways:
- Article 105 imposes up to 5 years in prison, disfranchisement of up to 10 years, or a fine up to 7 million South Korean won for damaging, removing, or staining a South Korean flag or emblem with intent to insult the South Korean state. Article 5 makes this crime punishable, even if done by aliens outside South Korea.
- Article 106 imposes up to 1 years in prison, disfranchisement of up to 5 years, or a fine up to 2 million South Korean won for defaming a South Korean flag or emblem with intent to insult the South Korean state. Article 5 makes this crime punishable, even if done by aliens outside South Korea.
- Article 109 imposes up to 2 years in prison or a fine up to 3 million South Korean won for damaging, removing, or staining a foreign flag or emblem with intent to insult a foreign county. Article 110 forbids prosecution without foreign governmental complaint.
The desecration of national symbols is not specifically criminal, but flag desecration is prosecuted under the more general clauses against disorderly conduct.
Destruction, removal, or desecration of national emblems installed by a public authority (i.e., the Swiss flag
, the Swiss coat of arms
, the cantonal
flags and coats of arms) is punishable by a monetary penalty or imprisonment of up to three years according to the Swiss federal penal code.
The destruction or desecration of privately owned flags or coats of arms is legal.
According to §160 of the country's criminal law, it is a penalize-able offense to insult the Republic of China by desecrating the flag or the national emblem in any way or form. The penalty can be either incarceration for one year or less, or a fine of $9,000 NTD or less.
The designers are immune from prosecution as the shoes were made and displayed outside Thailand. Were the offence committed in Thailand, those responsible could face a 2,000 baht fine or a year in jail.
A spokesman at the Thai National Flag Museum
commented that no one has a copyright on the flag's colours or the order in which they are presented.
Under the 1983 Turkish flag law, burning the flag is strictly forbidden, punishable by a prison sentence of three years. Displaying or pulling a torn or discolored flag to flagpole is also illegal. Taking down the flag is prohibited and punishable by a prison sentence of eighteen years.
In Ukraine, desecration of national symbols, including the national flag, is a crime punishable by up to three years in jail.
In 2006, to allow greater police control over extremist protesters, 17 MPs signed a House of Commons motion
calling for burning of the British flag to be made a criminal offence.
Also in Northern Ireland, Ulster loyalists have sometimes mistakenly desecrated the Ivorian flag
, erroneously mistaking it for the Irish one
as the two are somewhat similar in appearance.
In some cases, Ivorian flags displayed in Northern Ireland have signs explicitly labeling them as such displayed nearby to avoid having them desecrated by local pro-UK loyalists mistaking them for Irish ones.
A protester burning a New Hampshire state flag.
The flag of the United States
is sometimes burned as cultural or political statements, in protest of the policies of the U.S. government, or for other reasons, both within the U.S. and abroad. The United States Supreme Court
in Texas v. Johnson
, 491 U.S. 397
(1989), and reaffirmed in U.S. v. Eichman
, 496 U.S. 310
(1990), has ruled that due to the First Amendment to the United States Constitution
, it is unconstitutional for a government (whether federal, state, or municipal) to prohibit the desecration of a flag, due to its status as "symbolic speech
." However, content-neutral restrictions
may still be imposed to regulate the time, place, and manner of such expression. If the flag that was burned was someone else's property (as it was in the Johnson
case, since Johnson had stolen the flag from a Texas bank's flagpole), the offender could be charged with petty larceny (a flag usually sells at retail for less than US$20), or with destruction of private property, or possibly both. Desecration of a flag representing a minority group may also be charged as a hate crime
in some jurisdictions.
"Shoot, if you must, this old gray head,
But spare your country's flag," she said.
During the United States' involvement in the Vietnam War
, American flags were sometimes burned during war protest demonstrations.
After the Johnson
decision, the Flag Protection Act
was passed, protecting flags from anyone who "mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag".
This decision was later struck down in the Eichman
decision. After that case, several flag burning amendments to the Constitution
were proposed. On 22 June 2005, a Flag Desecration Amendment
was passed by the House
with the needed two-thirds majority. On June 27, 2006, another attempt to pass a ban on flag burning was rejected by the Senate
in a close vote of 66 in favor, 34 opposed, one vote short of the two-thirds majority needed to send the amendment to be voted on by the states.
- Douglas Applegate (Ohio) in 1991
- Spencer Bachus (Alabama) in 2013
- Steve Daines (Montana) in 2019
- Robert Dornan (California) in 1991
- Bill Emerson (Missouri) in 1991, 1993, 1995
- Randy Cunningham (California) in 1999, 2001, 2003,
- Jo Ann Emerson (Missouri) in 1997, 1999, 2001, 2003, 2005, 2007, 2009, 2011, 2013
- John P. Hammerschmidt (Arkansas), 1991
- Orrin Hatch (Utah) in 1995, 1998, 1999, 2001, 2003, 2005, 2011, 2013
- Andrew Jacobs Jr. (Indiana) in 1995
- Joseph M. McDade (Pennsylvania) in 1989, 1995, 1996
- Clarence E. Miller (Ohio) in 1991
- John Murtha (Pennsylvania) in 2007
- Ron Paul (Texas) in 1997, but he opposed any federal prohibition of flag desecration, including his own Flag Desecration Amendment which he proposed only as a protest against proposals by his Congressional colleagues, such as Emerson and Solomon, to ban flag desecration through ordinary legislation instead of by Constitutional Amendment.
- Gerald B. H. Solomon (New York) in 1991, 1993, 1995, 1997
- Floyd Spence (South Carolina) in 1991
- David Vitter (Louisiana) in 2009
During a rally in June 2020, President Donald Trump
told supporters that he thinks flag burning should be punishable by one year in prison.
In common usage, the phrase "flag burning" refers only to burning a flag as an act of protest. However, the United States Flag Code
states that "the flag, when it is in such condition that it is no longer a fitting emblem for display (for example, the flag being faded or torn), should be destroyed in a dignified way, preferably by burning."
Flying a U.S. flag upside down
Protesters in Miami
with upside down U.S. flags
Displaying a U.S. flag upside down is "a signal of dire distress in instances of extreme danger to life or property.”
Flying the flag upside down may also be viewed as an act of disrespect or protest; though not mentioned in the United States Flag Code
, some have expressed anger over this.
It has been used by extension to make a statement about distress in civic, political, or other areas.
It is most often meant as political protest, and is usually interpreted as such. The musical group Rage Against the Machine
, a group known for songs expressing revolutionary political views
, displayed two upside-down American flags
from their amplifiers on the 13 April 1996 episode of Saturday Night Live
. This was intended to indicate protest about the host, billionaire businessman Steve Forbes
. The flags were ripped down by stagehands about 20 seconds before the group's performance of "Bulls on Parade
". Afterward, show officials asked band members to leave the building as they were waiting in their dressing room to perform "Bullet in the Head
" later in the show.
Flying flags upside down has been used as a sign of protest against U.S. Presidents.
In 2020, as protests
spread across the U.S. demanding an end to police brutality, some U.S. citizens chose to fly their flags upside down as part of the protests.
The Battle Flag of the North Virginian Army
, commonly referred to as the Confederate flag, has sometimes been burned in protest as well. In 2000, protesters from the Jewish Defense League
burned Confederate and Nazi flags to protest an arson attempt against a Reno, Nevada
synagogue. This was criticized by a representative of the Anti-Defamation League
, who said that it was more effective to work with the police and other authorities rather than to engage in "tactics which inflame and exacerbate situations."
Of the states which continue to have laws against flag burning, in spite of them being ruled unconstitutional, five afford this protection to the Virginian battle flag as well: Florida,
and South Carolina.
Desecration of the national flag is forbidden, and desecration of the national flag by an Uruguayan citizen is regarded as mischief of loyalty;[clarification needed]
improper manipulation or adulteration of national symbols is prohibited.
Article 28 law No.
9.943 of July 20, 1940 and reglementary[clarification needed]
decrees of December 19 of that year and May 26, June 10 and 1 July 1943 say ″Every citizen, legal or natural, is obligated to swear a loyal oath at the National Flag, by means of public and solemn act.″
- Every natural or legal citizen is obligated to manifest public and solemn loyalty at the national flag.
- Desecration of foreign flags is not forbidden, it is prohibited for buildings to raise any flag other than national ones, implying that Departments' flags cannot be raised on municipality buildings.
The Oath to the flag has to be taken by citizens at least once in life, the formal act is given on special celebration at a 19 June at every educational institute, defection contrives plenty granting of citizenship rights.[clarification needed]
Damaged national flags are burnt by the Uruguayan army every 24 September.
Since the demonstrations against the refusal by the government to renew the broadcasting license of RCTV
(a major TV network), the upside-down flag of Venezuela
has been adopted as a symbol of protest for this and other alleged threats to civil liberties. Demonstrators claim that it is a sign of distress and a call for help. However, government and ruling-party officials insist that these demonstrators are desecrating the flag. An official video sharply criticizing this practice as disrespectful was produced.Globovisión
prepended to the video a statement denouncing the message as violative of the Law on Social Responsibility on Radio and Television
, "for constituting anonymous official propaganda".
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