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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
A joint resolution proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.
Print number: SJRES 58
Sponsor: Sen. Daines, Steve [R-MT]
Process start date: 2025-06-12