18 U.S.C. § 700 — Desecration of the flag of the United States; penalties

submitted 58 years ago by Pub. L. 90-381 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 216 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes it a crime to knowingly mutilate, burn, deface, or trample a U.S. flag. A violator faces a fine, up to one year in prison, or both. States keep their own power to prosecute the same conduct under their own laws.

(a) It is a crime to knowingly mutilate, deface, physically defile, burn, trample, or keep a United States flag on the floor or ground. A person who does this can be fined or imprisoned for up to one year, or both. This does not apply to someone who properly disposes of a flag that has become worn or soiled.
(b) In this section, "flag of the United States" means any U.S. flag, or part of one. It can be made of any material, in any size, as long as it takes a form that is commonly displayed.
(c) Nothing here takes away a state's, territory's, or Puerto Rico's power to prosecute the same conduct under its own laws.
(d) If a federal district court rules on whether subsection (a) is constitutional, either side can appeal straight to the Supreme Court. The Supreme Court must take the case if it has not already decided the question. It must move the case forward and decide it as fast as possible.

facts

- Codified at 18 U.S.C. § 700, titled "Desecration of the flag of the United States; penalties." - Enacted by Pub. L. 90–381, § 1, on July 5, 1968 (82 Stat. 291). - Amended by Pub. L. 101–131, §§ 2, 3, Oct. 28, 1989 (103 Stat. 777), reflecting 2 amendments. - Contains 216 words across four subsections (a)–(d), covering the offense, definitions, state jurisdiction, and Supreme Court appeal procedures.

the actual law source: uscode.house.gov ↗public domain

(a)

(1)

Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.

(2)

This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.

(b)

As used in this section, the term “flag of the United States” means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed.

(c)

Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section.

(d)

(1)

An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a).

(2)

The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.

Source credit: (Added Pub. L. 90–381, § 1, July 5, 1968, 82 Stat. 291; amended Pub. L. 101–131, §§ 2, 3, Oct. 28, 1989, 103 Stat. 777.)

history & why it existsrecord from the source credit

1968Enacted · Pub. L. 90-381 · 82 Stat. 291
1989Amended · Pub. L. 101-131 · 103 Stat. 777

The record shows that this section was added by Public Law 90–381, enacted July 5, 1968, and published at 82 Stat. 291. The source credit further indicates that the section was later amended by Public Law 101–131, sections 2 and 3, enacted October 28, 1989, and published at 103 Stat. 777. Beyond identifying these two legislative actions and their statutory citations, the source credit does not itself narrate the substance of what changed in 1989 or why. As historical context, Public Law 90–381 is commonly associated with the broader federal effort in the late 1960s to establish a uniform federal flag-desecration offense, a period marked by public controversy over flag burning in connection with Vietnam War protests and related political dissent. The 1989 amendments are generally understood to follow the Supreme Court's 1989 decision addressing flag burning as a form of expression, after which Congress revisited the statute; commentators commonly describe this as an attempt to respond to that ruling. However, the specific legislative purpose behind the particular provisions in this section — including subsection (d)'s expedited Supreme Court appeal procedure — is not established by the record provided here, and this note does not speculate further on Congress's precise reasoning for each element. Readers seeking definitive legislative intent should consult the underlying committee reports and floor debates, which are not part of the supplied material.

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