<P> The Flag Desecration Amendment (often referred to as the Flag - burning Amendment) is an American proposed law, in the form of constitutional amendment to the Bill of Rights, that would allow the U.S. Congress to prohibit by statute and provide punishment for the physical "desecration" of the flag of the United States . The concept of flag desecration continues to provoke a heated debate over protecting a national symbol, preserving free speech, and upholding the liberty said to be represented by that national symbol . </P> <P> While the proposed amendment is frequently referred to colloquially in terms of expression of political views through "flag burning," the language would permit the prohibition of all forms of flag desecration, which may take forms other than burning, such as using the flag for clothing or napkins . </P> <P> The most recent attempt to adopt a flag desecration amendment failed in the United States Senate by one vote on June 27, 2006 . </P> <P> The first federal Flag Protection Act was passed by Congress in 1968 in response to protest burnings of the flag at demonstrations against the Vietnam War . Over time, 48 of the 50 U.S. states also enacted similar flag protection laws . All of these statutes were overturned by the Supreme Court of the United States by a 5--4 vote in the case Texas v. Johnson, 491 U.S. 397 (1989) as unconstitutional restrictions of public expression . Congress responded to the Johnson decision by passing a Flag Protection Act, only to see the Supreme Court reaffirm Johnson by the same 5--4 majority in United States v. Eichman, 496 U.S. 310 (1990), declaring that flag burning was constitutionally - protected free speech . </P>

Do you need a permit to burn a flag