View source for Flag Protection Act

{{Short description|American law to prevent desecration of the national flag}}
{{for|the more recent bill|Flag Protection Act of 2005}}
{{Use American English|date=May 2025}}
{{Refimprove|date=January 2008}}
{{Infobox U.S. legislation
| shorttitle        = Flag Protection Act of 1968
| othershorttitles  = Flag Desecration Penalties Act of 1968
| longtitle         = An Act to prohibit desecration of the flag and for other purposes.
| colloquialacronym = FPA 
| nickname          = Flag Protection Act of 1968
| enacted by        = 90th
| effective date    = July 5, 1968
| public law url    = http://www.gpo.gov/fdsys/pkg/STATUTE-82/pdf/STATUTE-82-Pg291-2.pdf
| cite public law   = 90-381
| cite statutes at large = {{usstat|82|291-2}}
| acts amended    = 
| acts repealed   = 
| title amended   = [[Title 18 of the United States Code|18 U.S.C.: Crimes and Criminal Procedure]]
| sections created = {{Usc-title-chap|18|33}} §§ 700-713
| sections amended = 
| leghisturl      = 
| introducedin    = House
| introducedbill  = {{USBill|90|H.R.|10480}}
| introducedby    = <!--sponsor(s)-->
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| committees      = 
| passedbody1     = House 
| passeddate1     = June 20, 1967
| passedvote1     = [http://www.govtrack.us/congress/votes/90-1967/h80 387-16] 
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| signedpresident = [[Lyndon B. Johnson]]
| signeddate      = July 5, 1968
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| amendments      = 
| SCOTUS cases    = {{unbulleted list|''[[United States v. Eichman]]'', {{ussc|496|310|1990}} in which the act ({{usc|18|700}}) was '''[[Judicial review in the United States|struck down]] by the Supreme Court''' on June 11, 1990.}}
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Reacting to protests during the [[Vietnam War]] era, the United States [[Ninetieth United States Congress|90th Congress]] enacted '''Public Law 90-381''' (82 Stat. 291), later codified as 18 U.S.C. 700, et. seq., and better known as the '''Flag Protection Act''' of 1968.  It was an expansion to nationwide applicability of a 1947 law previously restricted only to the District of Columbia (''See'' 61 Stat. 642).

In 1989, the [[One Hundred First United States Congress|101st Congress]] amended that statute with Public Law 101-131 (103 Stat. 777). These amendments to the statute were in response to the [[United States Supreme Court]]'s ruling that year in the case of ''[[Texas v. Johnson]]'' (491 U.S. 397). On June 11, 1990, the Supreme Court in the case of ''[[United States v. Eichman]]'' struck down the Flag Protection Act, ruling again that the government's interest in preserving the flag as a symbol does not outweigh the individual's [[First Amendment to the United States Constitution|First Amendment]] right to disparage that symbol through expressive conduct.<ref>[https://supreme.justia.com/cases/federal/us/496/310/case.html United States v. Eichman, 496 U.S. 310 (1990).]</ref>

==Text==
The text of the law reads:

{{quote|{{plainlist|
*(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.}}}}

==See also==
* [[Flag desecration]]

==References==
{{Reflist}}

[[Category:1968 in American law]]
[[Category:United States federal legislation]]
[[Category:Flag controversies in the United States]]
[[Category:United States federal criminal legislation]]


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