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Constitutional Amendment: Granting Congress Power to Ban Flag Desecration.

This proposal seeks to amend the Constitution, granting Congress the authority to pass laws prohibiting the physical desecration of the U.S. flag. If ratified, this change could restrict citizens' ability to express protest through acts like flag burning, which is currently protected under free speech rights. This would allow Congress to establish penalties for such actions, limiting protected expressive conduct.
Key points
The proposal grants Congress the specific power to criminalize the physical desecration of the flag.
If adopted, this change would limit expressive conduct currently protected by the First Amendment.
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Status: Introduced
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Additional Information
Print number: 119_SJRES_58
Sponsor: Sen. Daines, Steve [R-MT]
Process start date: 2025-06-12