Flag desecration
Encyclopedia
Flag desecration is a term applied to various acts that intentionally destroy, damage or mutilate a flag
in public, most often a national flag
. Often, such action is intended to make a political point against a country or its policies. Some countries have laws forbidding methods of destruction (such as burning in public) or forbidding particular uses (such as for commercial purposes); such laws may distinguish between desecration of the country's own national flag
and flags of other countries. Some countries have laws protecting the right to burn a flag as free speech.
It is increasingly common to see clothing with the image of the flags forming a substantial part of the piece. Views vary as to whether some of this is an act of national pride or disrespect.
Such actions may be undertaken for a variety of reasons:
In common usage, the phrase 'flag burning' refers only to burning a flag as an act of protest. However the United States Flag Code states that "the flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning".
As described below burning or defacing a flag is a crime in some countries. In countries where it is not a crime the act may still be prosecuted as disorderly conduct
, arson
or theft
if conducted against someone else's property.
, a Lebanese
-Australian youth, whose name has been kept secret, climbed an RSL club building and tore down its flag before setting it on fire. The youth was sentenced to 12 months probation
for the destruction of the RSL's property. In October of that year the youth accepted an invitation from the RSL to carry the Australian flag along with war veterans in the Anzac Day
march the following year. However, the RSL was forced to withdraw this invitation as it received phone calls from people threatening to pelt the youth with missiles on the day. The head of the New South Wales RSL was quoted as saying that "the people who made these threats ought to be bloody ashamed of themselves".
In 2006, Australian contemporary artist Azlan McLennan
burnt an Australian flag and displayed it on a billboard outside the Trocadero artspace in Footscray
, Victoria
. He called the artpiece Proudly UnAustralian.
The socialist youth group Resistance
marketed "flag-burning kits"--inspired by, and to protest, the censorship of Azlan McLennan's art—to university students.
Tasmanian Aboriginal Centre worker Adam Thompson burned the Australian flag on the week of Australia Day
(2008) celebrations in Launceston
's City Park to the cheers of about 100 people, who were rallying against what they call "Invasion Day".
. Offenders can be fined of punished with up to 6 months of imprisonment. Under §317 Strafgesetzbuch
desecration of flags of foreign states or international organizations can be punished if Austria maintains diplomatic relations with them or belongs to the respective organization.
law. Flemish
nationalists have burned Belgian flags on at least one occasion.
In 1990, during heated political times around the Meech Lake Accord
, the flag of Quebec
was desecrated by protestors in Brockville, Ontario
opposed to Quebec's language laws
after the Canadian flag had been burnt in protests in Quebec. Televised images of individuals stepping on the Quebec flag were played in Quebec
and contributed to the deterioration in relations between Quebec and English Canada
. The incident, seen as a metaphor of Canada's perceived rejection of Quebec (and of Quebec's distinctiveness in the demise of the Meech Lake Accord) was invoked by Quebec nationalists
during the run-up to the 1995 referendum
on Quebec independence
and is still remembered today.
In 1999, members of the Westboro Baptist Church
from the United States
staged a burning of the Canadian Flag outside of the Supreme Court of Canada
in Ottawa, Ontario. This was to protest legalization of same-sex marriage which was being adjudicated by the Canadian court.
or the National Emblem of the People's Republic of China by intentionally burning, mutilating, scrawling on, defiling or trampling upon it in public".
n history recalls the burning of the flag of the Kingdom of Hungary
during the 1895 visit of Emperor Franz Joseph to Zagreb
.
Two people involved in the incident, Stjepan Radić
and Vladimir Vidrić
, later happened to pursue notable careers in politics and literature, respectively. In modern Croatia it is illegal to desecrate or to treat flag in disrespecting manner. Offenders are punished with up to 3 years of imprisonment.
, under section 110 (e) of the Danish penal code, to desecrate the flags or national symbols of foreign nations, while legal to burn the Dannebrog
, Denmark's national flag. The reasoning of parliament was: the burning of foreign flags falls into the realm of foreign policy, as the burning of the flag of another country could be understood as a threat to that country. The burning of the Dannebrog, on the other hand, does not concern foreign countries, does not fall under foreign affairs, and so remains legal. According to Danish tradition, burning is also the proper way to dispose of a worn flag. According to tradition, care must be observed to ensure that a flag never touches the ground, i.e. even when being disposed of, it should be placed on top of a fire. Flying the flag after sundown is also inappropriate behaviour.
During the Jyllands-Posten Muhammad cartoons controversy
, Danish flags were burned in demonstrations in various Muslim countries.
flag law the Faroese flag, Merkið, may not be desecrated, "neither by words or by deeds".
This clause was added as an amendment to a large bill dealing with internal security, in reaction to a football match during which there had been whistles against La Marseillaise
, but also to similar actions during public ceremonies. The amendment initially prohibiting such outrage regardless of the context, but a parliamentary commission later restricted its scope to events organized or regulated by public authorities, — which is to be understood, according to the ruling of the Constitutional Council
as events organized by public authorities, mass sport matches and other mass events taking place in enclosures, but not private speech, literary or artistic works, or speech during events not organized or regulated by public authorities.
In 2006, a man who had publicly burnt a French flag stolen from the façade of the city hall of Aurillac
during a public festival, organized and regulated by public authorities, was sentenced to a €300 fine.
A July 2010 law makes it a crime to desecrate the French national flag in a public place, but also to distribute images of a flag desecration, even when done in a private setting. On December 22, 2010, an Algerian national was the first person to be convicted under the new status, and ordered to pay a €750 after breaking the pole of a flag hung in the Alpes-Maritimes
prefecture
a day prior.
(StGB)) it is illegal to revile or damage the German federal flag as well as any flags of its states in public. Offenders can be fined or sentenced for a maximum of three years in prison. Offenders can be fined or sentenced for a maximum of five years in prison if the act was intentionally used to support the eradication of the Federal Republic of Germany or to violate constitutional rights. Actual convictions because of a violation of the criminal code need to be balanced against the constitutional right of the freedom of expressions, as ruled multiple times by German's constitutional court.
As for flags of foreign countries, it is illegal to damage or revile them, if they are shown publicly by tradition, event or routinely by representatives of the foreign entity (§104 StGB). On the other hand it is not illegal to desecrate such flags that serve no official purpose (especially including any the one willing to desecrate them brings by himself for that purpose).
During the 2006 World Cup
the anti-German German musician Torsun (half of the group Egotronic
) recorded a techno cover of the song "Ten German Bombers
". The song and its accompanying YouTube video (featuring footage of German planes being shot down, the Wembley goal, a burning German flag, etc.) attracted media attention in Germany, as well as from the British tabloid News of the World
. The song was eventually included in the World Cup themed compilation Weltmeister Hits 2006.
, tore the Nazi party flag from the jackstaff and threw it into the Hudson River. The German ambassador sharply protested, but the protest was resent claiming only a party symbol was harmed and the national flag was not affected. On 15 September 1935 the Reichsflaggengesetz (Reichs flag law) (RGBl. I S. 1145) came into effect, declaring the Nazi flag to be the exclusive national flag of Germany in response to this incident, removing the status of the original flag of the Weimar Republic
as co-national flag.
In January 1941, the Flag of Nazi Germany flying from the German consulate in San Francisco, California
was slashed and torn down by two United States Navy sailors. They were arrested, tried and convicted of malicious mischief
. The German government protested the incident and the United States Department of State
expressed their regrets. Later that year, after Germany declared war on the United States, one of the sailors, Harold Sturtevant
, reenlisted in the Navy after having been dismissed because of the incident.
Today Nazism
and Nazi symbols are rejected by Germany and, according to the criminal code Strafgesetzbuch section 86a, the public use or dissemination of Nazi symbols like the flag is illegal in Germany.
and the National flag
. They were found guilty by a magistrate, had the conviction over turned in the High Court but the convictions were restored by the Court of Final Appeal.
They were bound over to keep the peace on their own recognisance of $2,000 for 12 months for each of the two charges.
In the judgement, Chief Justice Andrew Li
said although the Basic Law of Hong Kong guarantees freedom of speech, flag desecration is not legal because there are other protest methods.
During a demonstration at the beginning of the Hungarian revolution of 1956 someone in the crowd cut out the communist coat of arms from the Hungarian flag, leaving a distinctive hole and others quickly followed suit. The "flag with a hole" became a symbol of the Hungarian resistance.
Violation of the code may invite severe punishments and penalties. The code was written in 2002 and merged the following acts: provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (No.12 of 1950) and the Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971).
The Indian Flag Code was often criticized for being too rigid and prevented ordinary citizens from displaying the flag on homes and other buildings. For many years, only Government officials and other Government buildings could unfurl the flag. That changed in 2001 when Naveen Jindal won a court case in the Supreme Court of India to give Indians the right to unfurl the flag publicly. The Indian cricket batsman Sachin Tendulkar was accused of sporting the flag on his cricket helmet below the BCCI emblem. He later changed it and placed the flag above BCCI emblem. The flag code was updated in 2005; some new provisions include that the flag cannot be worn under the waist or on undergarments.
). There were no such examples of burning the current Iraqi national flags, even by political opponents, as both contain the words Allahu Akbar, so that would be seen as a religious insult.
's guide to the flag of Ireland
includes a list of "practices to avoid". This states in part "The National Flag should never be defaced by placing slogans, logos, lettering or pictures of any kind on it, for example at sporting events." A tricolour inscribed "Davy Keogh says hello" waved continually since 1981 has given its eponymous bearer a modicum of fame among Republic of Ireland soccer
supporters. Guinness
ran a promotion before the 2002 FIFA World Cup
distributing Irish flags to supporters in pubs, on which the tricolour's white band was defaced with Guinness's harp logo. Guinness apologised after public criticism. Cecilia Keaveney
said in a subsequent Dáil
debate, "It may not be possible to address defacing the flag through legislation, but the House must issue a strong message that this is unacceptable."
Seán O'Casey
's 1926 play The Plough and the Stars attracted controversy for its critical view of the Easter Rising
, in particular a scene in which a tricolour is brought into a pub frequented by a prostitute. On 7 May 1945, the day before V-E Day, celebrating unionist
students in Trinity College Dublin raised the flags of the victorious Allies
over the college; when onlookers in College Green
began jeering, some took down the flag of neutral Ireland
, set fire to it and tossed it away, provoking a small riot. In response, nationalist
students from University College Dublin
, including future Taoiseach
Charles Haughey
, burned the British flag
in Grafton Street. The Provost of Trinity College apologised for the incident, which was not reported in Irish newspapers owing to wartime censorship.
suburb of Bat Yam were arrested for burning an Israeli flag. This incident was considered serious by the police and others since the youths were suspected in other acts of vandalism and claimed to be Satanists.
, under Chapter 4, Article 92 of the Criminal Code
, any desecration of recognized foreign nation's national flag and symbol to dishonour is prohibited and punishable by fine or penal labour, but only on complaint by the foreign government.
In May 1958, Flag of the People's Republic of China
at a postage stamp convention was pulled down and damaged, but as Japan did not recognize People's Republic of China at the time, the law was not applied. In February 2011, Japanese ultra-rightists
held a protest over the Kuril islands dispute
outside of the Russian embassy in Tokyo
, during which they dragged a Russian flag
on the ground; Russian foreign minister Sergei Lavrov stated that his ministry had asked the Japanese government to launch a criminal case over the incident.
However, there has never been a law explicitly prohibiting desecration of Flag of Japan
. Absent such law, the act of desecration is implicitly protected by Article 21 "Freedom of speech" of Constitution of Japan
.
, under the Flags, Emblems and Names Protection Act 1981 it is illegal to destroy the New Zealand flag
with the intent of dishonouring it. In 2003, Paul Hopkinson, a Wellington schoolteacher, burned the Flag of New Zealand as part of a protest in Parliament grounds at the New Zealand Government's hosting of the Prime Minister of Australia, against the background of Australia's support of the United States in its war in Iraq. Hopkinson was initially convicted under Flags, Emblems and Names Protection Act 1981 of destroying a New Zealand flag with intent to dishonour it, but appealed against his conviction. On appeal, his conviction was overturned on the grounds that the law had to be read consistently with the right to freedom of expression under the Bill of Rights. This meant that his actions were not unlawful because the word dishonour in the Flags, Emblems and Names Protection Act had many shades of meaning, and when the least restrictive meaning of that word was adopted Hopkinson's actions did not meet that standard. This somewhat unusual result was due in part to the fact that the Bill of Rights does not overrule other laws (Hopkinson v. Police).
In 2011 the New Zealand Supreme Court ruled that burning the flag at an ANZAC day
dawn service was not offensive behaviour.
Comedian Otto Jespersen
burned a US flag during a satirical TV show in 2003.
During the Jyllands-Posten Muhammad cartoons controversy
, Norwegian flags were burned in demonstrations in various Muslim countries.
i cities burned the Norwegian
flag when protesting the Facebook
groups in support of flag desecration.
over the right of the flag of Panama
to be raised next to the flag of the United States
, at this time a disputed territory between these nations. During the scuffle a Panamanian flag carried by Panamanian students was torn. This sparked four days of riots that ended with 22 Panamanians and four Americans dead, and with Panama
breaking diplomatic relations with the United States. This event is considered to be very important in the decision to negotiate and sign the Torrijos-Carter Treaties
, that allowed that the Panama Canal
administration was handed over to the Panamanian Government on December 31, 1999. January 9 is known as Martyrs' Day and it is commemorated in Panama as a day of mourning.
On October 21, 2008, United States wrestlers, the Heartbreak Express appeared on the largest interview segment on Panama television where they threw the flag of Panama
down and stomped on it. The matter is currently under investigation.
is unclear, but such acts are clearly capable of causing outrage. "[T]he Model Leysi Suarez appeared naked photographed using Peru's flag
as a saddle while mounted on a horse will face charges that could put her in jail for up to four years for offending patriotic symbols, the country's defence minister said".
The Portuguese Penal Code (article 323) also forbids the desecration of foreign symbols: "Who publicly, by means of words, gestures or print publication, or by other means of public communication, insults the official flag or other symbol of sovereignty of a foreign State or of an international organization of which Portugal is a member shall be punished with up to one year imprisonment or a fine of up to 120 days." This article applies under two conditions (article 324): that Portugal maintains diplomatic relations with the insulted country, and that there is reciprocity (i.e., that the insulted country would also punish any insult against Portuguese symbols of sovereignty, should they occur there).
This law has been seen in a report of the Press Monitoring Agency, a project financed by the Open Society Institute
, as being a potential danger to the freedom of expression because of its vague terms, because it can incriminate opinions.
During the 1989 Romanian Revolution, the Communist era flag was flown with a hole on the coat of arms.
bears the shahada
or Islamic declaration of faith. Because the shahada is considered holy, Saudi Arabia's flag code is extremely strict and even the slightest violation amounts to desecration not only of the flag but also of Islam itself. This has led to several incidents of controversy. In 1994, McDonald's
printed carry-out bags bearing the flags of all nations participating in the FIFA World Cup
(with a green flag with Saudi Arabia's coat of arms superimposed, rather than the Saudi flag), while Coca-Cola
did the same on cans of soda. Because of Saudi outrage, the companies stopped producing those items. Also during the FIFA World Cup, in 2002, Saudi officials protested against printing the flag on a football on the belief that kicking the creed with the foot was totally unacceptable.
some South Korea
ns expressed anger at T-shirts worn by United States newspeople which were seen as defacing the flag of South Korea
.
has been burned many times by protestors against its government's policies. For instance in Brazil
by those protesting the Warsaw Pact invasion of Czechoslovakia
of 1968, and in New York City
in 1985 by protesters against the Soviet War in Afghanistan
.
during the visit of the US Vice President Joe Biden
. Due to the mass demonstrations and protests, he was freed from prison two days later.
flags and coats of arms) is punishable by a monetary penalty or imprisonment of up to three years according to the Swiss federal penal code. The destruction or desecration of privately owned flags or coats of arms is legal.
bears the star and crescent
over a field of color red that represents the blood of martyrs which is considered sacred. Under the 1983 Turkish flag law, burning the flag is strictly forbidden, punishable by a prison sentence of three years. Displaying or pulling a torn or discolored flag to flagpole is also illegal. Taking down the flag is prohibited and punishable by a prison sentence of eighteen years.
The flag of Turkey has been desecrated in demonstrations often, typically during protests by Greek, Armenian, Greek Cypriot, and Kurdish groups as retaliation towards Turkey.
of England and Wales
nor the law
of Scotland
has a concept of "flag desecration."
In May 1998, in a protest by 2000 ex-PoWs, a Burma Railway veteran torched the Rising Sun banner before both Emperor Akihito and the Queen. Police were moved by the crowd not to arrest him. A year later, two "committed socialists" threw a burning Union flag in the direction of the Queen's motor vehicle. They were arrested under breach of the peace
, subsequently pleaded guilty and were fined a total £450. In 2001 at RAF Feltwell
, home of United States Air Force
's 5th Space Surveillance Squadron
, a protestor defaced the US Flag with the words "Stop Star Wars
" before stepping in front of a vehicle and stamping on the flag. Her conviction under S5 Public Order Act 1986, was overturned as incompatible with article 10 of the European Convention on Human Rights
.
In 2011, a republican core of c. 20/30 King's College, Cambridge
students influenced the burning of a large Union flag, the centrepiece of the Student Union
's decorations to celebrate the royal wedding
. KCSU condemned the action as a "needlessly divisive and violent way to make a political point...[the] Union flag is a symbol and therefore can mean different things to different people in different contexts".
In 2006, to allow greater police control over extremist Muslim protesters, 17 MPs signed a House of Commons motion calling for burning of the Union Flag to be made a criminal offence.
has varied since its foundation in 1921. The Union Flag
of the United Kingdom, the former Flag of Northern Ireland
, and the tricolour
of the Republic of Ireland
are often defaced or burnt in Northern Ireland as a political provocation or as a protest.
regiment and for many regiments in the Commonwealth
which have inherited the British Army's traditions. In a Line Regiment the Colour stand consists of these two flags, and damage to such a symbol would be a considered a great insult to the regiment by its members. In the British armed forces, it is usual for flag-bearers to lower flags and standards, even Queen's and Regimental Colours, so that they are draped on the ground, as part of a Royal Salute or during the two-minute silence on Remembrance Sunday
. This mark of respect, known as vailing, is not considered to be a desecration of the colours.
is sometimes symbolically burnt, often in protest of the policies of the American government, both within the country and abroad. The United States Supreme Court in Texas v. Johnson
, , and reaffirmed in U.S. v. Eichman
, , has ruled that due to the First Amendment to the United States Constitution
, it is unconstitutional for a government (whether federal, state, or municipality) to prohibit the desecration of a flag, due to its status as "symbolic speech
." However, content-neutral restrictions may still be imposed to regulate the time, place, and manner of such expression.
In 1862, during the Union army's occupation of New Orleans in the American Civil War
, the military governor, Benjamin Franklin Butler
, sentenced William B. Mumford
to death for removing an American flag. In 1864 John Greenleaf Whittier
wrote the poem Barbara Frietchie, which told of a (probably fictional) incident in which Confederate soldiers were deterred from defacing an American flag. The poem contains the famous lines:
During the United States involvement in the Vietnam War
American flags were sometimes burned during anti-war protest demonstrations.
After the Johnson and Eichman decisions, several flag burning amendments to the Constitution
were proposed. On June 22, 2005, a Flag Desecration Amendment
was passed by the House
with the needed two-thirds majority. On June 27, 2006, another attempt to pass a ban on flag burning was rejected by the Senate
in a close vote of 66 in favor, 34 opposed, one vote short of the two-thirds majority needed to send the amendment to be voted on by the states.
Flying an American flag upside down is not necessarily meant as political protest. The practice has its origin in a military distress signal; displaying a flag in this manner is "a signal of dire distress in instances of extreme danger to life or property"; it has been used by extension to make a statement about distress in civic, political, or other areas. Upside-down flying of the flag was ruled constitutional in Spence v. Washington, a 1974 Supreme Court ruling.
Actions portraying the flag being flown upside down can be witnessed through American rock band Rage Against The Machine
at the Democratic Convention in 2000.
has sometimes been burned in protest, because of its historical connection with racism. In 2000 protesters from the Jewish Defense League
burned Confederate and Nazi flags to protest an arson attempt against a Reno, Nevada
synagogue
. This was criticized by a representative of the Anti-Defamation League
who said that it was more effective to work with the police and other authorities rather than to engage in "tactics which inflame and exacerbate situations."
, standing for gay rights, from the Ohio Statehouse
in Columbus, Ohio
. The flag had been flying in honor of Gay and Lesbian Pride Month
which had just been declared by President Bill Clinton
. The flag burners were arrested by the Ohio State Highway Patrol
and charged with misdemeanor
counts of arson
and disorderly conduct
.
(a major TV network), the upside-down flag of Venezuela
has been adopted as a symbol of protest for this and other alleged threats to civil liberties. Demonstrators claim that it is a sign of distress and a call for help. However, government and ruling-party officials insist that these demonstrators are desecrating the flag, manipulated by the enemies of the people. An official video sharply criticizing this practice as disrespectful and traitorous was produced, and private TV networks have been ordered to transmit it for free. Globovisión
prepended to the video a statement denouncing the message as violative of the Law on Social Responsibility on Radio and Television
, "for constituting anonymous official propaganda".
, USA in protest against United Nations policy. The other candidate later claimed that it was an American flag that was burned. In 2009 a UN flag was dragged on the ground to show disrespect in a Tea Party protest in Jackson Hole
, Wyoming
.
Flag
A flag is a piece of fabric with a distinctive design that is usually rectangular and used as a symbol, as a signaling device, or decoration. The term flag is also used to refer to the graphic design employed by a flag, or to its depiction in another medium.The first flags were used to assist...
in public, most often a national flag
National flag
A national flag is a flag that symbolizes a country. The flag is flown by the government, but usually can also be flown by citizens of the country.Both public and private buildings such as schools and courthouses may fly the national flag...
. Often, such action is intended to make a political point against a country or its policies. Some countries have laws forbidding methods of destruction (such as burning in public) or forbidding particular uses (such as for commercial purposes); such laws may distinguish between desecration of the country's own national flag
National flag
A national flag is a flag that symbolizes a country. The flag is flown by the government, but usually can also be flown by citizens of the country.Both public and private buildings such as schools and courthouses may fly the national flag...
and flags of other countries. Some countries have laws protecting the right to burn a flag as free speech.
Background
Actions that may be treated as flag desecration include:- BurningFireFire is the rapid oxidation of a material in the chemical process of combustion, releasing heat, light, and various reaction products. Slower oxidative processes like rusting or digestion are not included by this definition....
it - Defacing it with sloganSloganA slogan is a memorable motto or phrase used in a political, commercial, religious and other context as a repetitive expression of an idea or purpose. The word slogan is derived from slogorn which was an Anglicisation of the Scottish Gaelic sluagh-ghairm . Slogans vary from the written and the...
s - Daubing it with excrement, etc.
- Walking on it
- Ejaculating on it
- SpittingSpittingSpitting or expectoration is the act of forcibly ejecting saliva or other substances from the mouth. It is currently considered rude and a social taboo in many parts of the world including the West, while in some other parts of the world it is considered more acceptable...
on it - StoningStoningStoning, or lapidation, is a form of capital punishment whereby a group throws stones at a person until the person dies. No individual among the group can be identified as the one who kills the subject, yet everyone involved plainly bears some degree of moral culpability. This is in contrast to the...
it - Shooting it with guns
- Hurling insults at it
- Cutting or ripping it
- Dragging it through the dirt
- Using it unconventionally, e.g.:
- Hanging it upside down or reversed. In some countries, however, this is also conventional protocol to indicate an emergency or problem.
- Making toilet paper, napkins, doormats, and other such items bearing the image of the flag, so that the flag's image will be destroyed or soiled in the course of everyday activities.
It is increasingly common to see clothing with the image of the flags forming a substantial part of the piece. Views vary as to whether some of this is an act of national pride or disrespect.
Such actions may be undertaken for a variety of reasons:
- As a protest against a country's foreign policyForeign policyA country's foreign policy, also called the foreign relations policy, consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations milieu. The approaches are strategically employed to interact with other countries...
. - To distance oneself from the foreign or domestic policies of one's home country.
- As a protest at the very laws prohibiting the actions in question.
- As a protest against nationalismNationalismNationalism is a political ideology that involves a strong identification of a group of individuals with a political entity defined in national terms, i.e. a nation. In the 'modernist' image of the nation, it is nationalism that creates national identity. There are various definitions for what...
. - As a protest against the government in power in the country, or against the country's form of government.
- A symbolic insult to the people of that country.
In common usage, the phrase 'flag burning' refers only to burning a flag as an act of protest. However the United States Flag Code states that "the flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning".
As described below burning or defacing a flag is a crime in some countries. In countries where it is not a crime the act may still be prosecuted as disorderly conduct
Disorderly conduct
Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such...
, arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
or theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
if conducted against someone else's property.
Australia
During the 2005 Cronulla riots2005 Cronulla riots
The 2005 Cronulla riots were a series of sectarian clashes and mob violence originating in Cronulla, New South Wales and spreading, over the next few nights, to additional Sydney suburbs....
, a Lebanese
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
-Australian youth, whose name has been kept secret, climbed an RSL club building and tore down its flag before setting it on fire. The youth was sentenced to 12 months probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
for the destruction of the RSL's property. In October of that year the youth accepted an invitation from the RSL to carry the Australian flag along with war veterans in the Anzac Day
ANZAC Day
Anzac Day is a national day of remembrance in Australia and New Zealand, commemorated by both countries on 25 April every year to honour the members of the Australian and New Zealand Army Corps who fought at Gallipoli in the Ottoman Empire during World War I. It now more broadly commemorates all...
march the following year. However, the RSL was forced to withdraw this invitation as it received phone calls from people threatening to pelt the youth with missiles on the day. The head of the New South Wales RSL was quoted as saying that "the people who made these threats ought to be bloody ashamed of themselves".
In 2006, Australian contemporary artist Azlan McLennan
Azlan McLennan
Azlan McLennan is a visual artist and socialist activist based in Melbourne, Australia. He is a graduate of the Victorian College of the Arts...
burnt an Australian flag and displayed it on a billboard outside the Trocadero artspace in Footscray
Footscray, Victoria
Footscray is a suburb 5 km west of Melbourne, Victoria, Australia. Its Local Government Area is the City of Maribyrnong. At the 2006 Census, Footscray had a population of 11,401....
, Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
. He called the artpiece Proudly UnAustralian.
The socialist youth group Resistance
Resistance (socialist youth organisation)
Resistance is a Revolutionary Socialist youth organisation with its national headquarters in Sydney. Resistance is an independent affiliate of the Socialist Alliance with a strong historical relationship with the Democratic Socialist Perspective, which dissolved into the Socialist Alliance in...
marketed "flag-burning kits"--inspired by, and to protest, the censorship of Azlan McLennan's art—to university students.
Tasmanian Aboriginal Centre worker Adam Thompson burned the Australian flag on the week of Australia Day
Australia Day
Australia Day is the official national day of Australia...
(2008) celebrations in Launceston
Launceston, Tasmania
Launceston is a city in the north of the state of Tasmania, Australia at the junction of the North Esk and South Esk rivers where they become the Tamar River. Launceston is the second largest city in Tasmania after the state capital Hobart...
's City Park to the cheers of about 100 people, who were rallying against what they call "Invasion Day".
Austria
In Austria flag desecration is illegal under §248 StrafgesetzbuchStrafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
. Offenders can be fined of punished with up to 6 months of imprisonment. Under §317 Strafgesetzbuch
Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
desecration of flags of foreign states or international organizations can be punished if Austria maintains diplomatic relations with them or belongs to the respective organization.
Belgium
Flag desecration is not forbidden by BelgianBelgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
law. Flemish
Flanders
Flanders is the community of the Flemings but also one of the institutions in Belgium, and a geographical region located in parts of present-day Belgium, France and the Netherlands. "Flanders" can also refer to the northern part of Belgium that contains Brussels, Bruges, Ghent and Antwerp...
nationalists have burned Belgian flags on at least one occasion.
Canada
Flag desecration is not forbidden by Canadian law.In 1990, during heated political times around the Meech Lake Accord
Meech Lake Accord
The Meech Lake Accord was a package of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and ten provincial premiers. It was intended to persuade the government of the Province of Quebec to endorse the 1982 Canadian Constitution and increase...
, the flag of Quebec
Flag of Quebec
The flag of Quebec, called the Fleurdelisé, was adopted for the province by the government of Quebec, during the administration of Maurice Duplessis. It was the first provincial flag officially adopted in Canada, first shown on January 21, 1948, at the Parliament Building of the National Assembly...
was desecrated by protestors in Brockville, Ontario
Brockville, Ontario
Brockville is a city in Eastern Ontario, Canada, in the Thousand Islands region. Though it serves as the seat of the United Counties of Leeds and Grenville, Brockville is politically independent and is grouped with Leeds and Grenville for census purposes only.Known as the "City of the 1000...
opposed to Quebec's language laws
Charter of the French Language
The Charter of the French Language , also known as Bill 101 and Loi 101, is a law in the province of Quebec in Canada defining French, the language of the majority of the population, as the only official language of Quebec, and framing fundamental language rights for everyone in the province...
after the Canadian flag had been burnt in protests in Quebec. Televised images of individuals stepping on the Quebec flag were played in Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
and contributed to the deterioration in relations between Quebec and English Canada
English Canada
English Canada is a term used to describe one of the following:# English-speaking Canadians, as opposed to French-speaking Canadians. It is employed when comparing English- and French-language literature, media, or art...
. The incident, seen as a metaphor of Canada's perceived rejection of Quebec (and of Quebec's distinctiveness in the demise of the Meech Lake Accord) was invoked by Quebec nationalists
Quebec nationalism
Quebec nationalism is a nationalist movement in the Canadian province of Quebec .-1534–1774:Canada was first a french colony. Jacques Cartier claimed it for France in 1534, and permanent French settlement began in 1608. It was part of New France, which constituted all French colonies in North America...
during the run-up to the 1995 referendum
1995 Quebec referendum
The 1995 Quebec referendum was the second referendum to ask voters in the Canadian province of Quebec whether Quebec should secede from Canada and become an independent state, through the question:...
on Quebec independence
Quebec sovereignty movement
The Quebec sovereignty movement refers to both the political movement and the ideology of values, concepts and ideas that promote the secession of the province of Quebec from the rest of Canada...
and is still remembered today.
In 1999, members of the Westboro Baptist Church
Westboro Baptist Church
The Westboro Baptist Church is an independent Baptist church known for its extreme stance against homosexuality and its protest activities, which include picketing funerals and desecrating the American flag. The church is widely described as a hate group and is monitored as such by the...
from the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
staged a burning of the Canadian Flag outside of the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
in Ottawa, Ontario. This was to protest legalization of same-sex marriage which was being adjudicated by the Canadian court.
China
Flag desecration is prohibited in China. The penal code provides for an imprisonment up to three years, criminal detention, public surveillance, or deprivation of political rights for anyone who "desecrate the National FlagFlag of the People's Republic of China
The flag of the People's Republic of China is a red field charged in the canton with five golden stars. The design features one large star, with four smaller stars in a semicircle set off towards the fly...
or the National Emblem of the People's Republic of China by intentionally burning, mutilating, scrawling on, defiling or trampling upon it in public".
Croatia
CroatiaCroatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
n history recalls the burning of the flag of the Kingdom of Hungary
Kingdom of Hungary
The Kingdom of Hungary comprised present-day Hungary, Slovakia and Croatia , Transylvania , Carpatho Ruthenia , Vojvodina , Burgenland , and other smaller territories surrounding present-day Hungary's borders...
during the 1895 visit of Emperor Franz Joseph to Zagreb
1895 visit of Emperor Franz Joseph to Zagreb
The 1895 visit of Emperor Franz Joseph to Zagreb was the Austro-Hungarian leader's visit to the Kingdom of Croatia-Slavonia's capital in mid-October, 1895 to attend the opening of the Croatian National Theatre...
.
Two people involved in the incident, Stjepan Radić
Stjepan Radic
Stjepan Radić was a Croatian politician and the founder of the Croatian Peasant Party in 1905. Radić is credited with galvanizing the peasantry of Croatia into a viable political force...
and Vladimir Vidrić
Vladimir Vidric
Vladimir Vidrić was a Croatian poet. He is considered one of the major figures of the Croatian secessionist poetry.-Life:...
, later happened to pursue notable careers in politics and literature, respectively. In modern Croatia it is illegal to desecrate or to treat flag in disrespecting manner. Offenders are punished with up to 3 years of imprisonment.
Denmark
It is illegal in DenmarkDenmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, under section 110 (e) of the Danish penal code, to desecrate the flags or national symbols of foreign nations, while legal to burn the Dannebrog
Flag of Denmark
The national flag of Denmark, Dannebrog is red with a white Scandinavian cross that extends to the edges of the flag; the vertical part of the cross is shifted to the hoist side...
, Denmark's national flag. The reasoning of parliament was: the burning of foreign flags falls into the realm of foreign policy, as the burning of the flag of another country could be understood as a threat to that country. The burning of the Dannebrog, on the other hand, does not concern foreign countries, does not fall under foreign affairs, and so remains legal. According to Danish tradition, burning is also the proper way to dispose of a worn flag. According to tradition, care must be observed to ensure that a flag never touches the ground, i.e. even when being disposed of, it should be placed on top of a fire. Flying the flag after sundown is also inappropriate behaviour.
During the Jyllands-Posten Muhammad cartoons controversy
Jyllands-Posten Muhammad cartoons controversy
The Jyllands-Posten Muhammad cartoons controversy began after 12 editorial cartoons, most of which depicted the Islamic prophet Muhammad, were published in the Danish newspaper Jyllands-Posten on 30 September 2005...
, Danish flags were burned in demonstrations in various Muslim countries.
Faroe Islands
According to the FaroeseFaroe Islands
The Faroe Islands are an island group situated between the Norwegian Sea and the North Atlantic Ocean, approximately halfway between Scotland and Iceland. The Faroe Islands are a self-governing territory within the Kingdom of Denmark, along with Denmark proper and Greenland...
flag law the Faroese flag, Merkið, may not be desecrated, "neither by words or by deeds".
Finland
According to the Finnish flag law it is illegal to desecrate the flag, treat it in disrespecting manner or remove it from a public place without permission.France
According to French law, outraging the French national anthem or the French flag during an event organized or regulated by public authorities is liable for a fine of €7,500 (and six months' imprisonment if performed in a gathering). The law targets outrageous behaviour during public ceremonies and major sports events.This clause was added as an amendment to a large bill dealing with internal security, in reaction to a football match during which there had been whistles against La Marseillaise
La Marseillaise
"La Marseillaise" is the national anthem of France. The song, originally titled "Chant de guerre pour l'Armée du Rhin" was written and composed by Claude Joseph Rouget de Lisle in 1792. The French National Convention adopted it as the Republic's anthem in 1795...
, but also to similar actions during public ceremonies. The amendment initially prohibiting such outrage regardless of the context, but a parliamentary commission later restricted its scope to events organized or regulated by public authorities, — which is to be understood, according to the ruling of the Constitutional Council
Constitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...
as events organized by public authorities, mass sport matches and other mass events taking place in enclosures, but not private speech, literary or artistic works, or speech during events not organized or regulated by public authorities.
In 2006, a man who had publicly burnt a French flag stolen from the façade of the city hall of Aurillac
Aurillac
Aurillac is a commune in the Auvergne region in south-central France, capital of the Cantal department.Aurillac's inhabitants are called Aurillacois, and are also Cantaliens or Cantalous in Occitan....
during a public festival, organized and regulated by public authorities, was sentenced to a €300 fine.
A July 2010 law makes it a crime to desecrate the French national flag in a public place, but also to distribute images of a flag desecration, even when done in a private setting. On December 22, 2010, an Algerian national was the first person to be convicted under the new status, and ordered to pay a €750 after breaking the pole of a flag hung in the Alpes-Maritimes
Alpes-Maritimes
Alpes-Maritimes is a department in the extreme southeast corner of France.- History : was created by Octavian as a Roman military district in 14 BC, and became a full Roman province in the middle of the 1st century with its capital first at Cemenelum and subsequently at Embrun...
prefecture
Prefecture
A prefecture is an administrative jurisdiction or subdivision in any of various countries and within some international church structures, and in antiquity a Roman district governed by an appointed prefect.-Antiquity:...
a day prior.
Germany
Under German criminal code (§90a StrafgesetzbuchStrafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
(StGB)) it is illegal to revile or damage the German federal flag as well as any flags of its states in public. Offenders can be fined or sentenced for a maximum of three years in prison. Offenders can be fined or sentenced for a maximum of five years in prison if the act was intentionally used to support the eradication of the Federal Republic of Germany or to violate constitutional rights. Actual convictions because of a violation of the criminal code need to be balanced against the constitutional right of the freedom of expressions, as ruled multiple times by German's constitutional court.
As for flags of foreign countries, it is illegal to damage or revile them, if they are shown publicly by tradition, event or routinely by representatives of the foreign entity (§104 StGB). On the other hand it is not illegal to desecrate such flags that serve no official purpose (especially including any the one willing to desecrate them brings by himself for that purpose).
During the 2006 World Cup
2006 FIFA World Cup
The 2006 FIFA World Cup was the 18th FIFA World Cup, the quadrennial international football world championship tournament. It was held from 9 June to 9 July 2006 in Germany, which won the right to host the event in July 2000. Teams representing 198 national football associations from all six...
the anti-German German musician Torsun (half of the group Egotronic
Egotronic
Egotronic is a German Electropunk band from Berlin formed in 2000. It is well-known for its ultra-left political views.-Band history:After a couple of projects released through self-publishing, Egotronic joined the Hamburg record label Audiolith Records in 2005, whereon their first single Nein...
) recorded a techno cover of the song "Ten German Bombers
Ten German Bombers
Ten German Bombers was originally a song sung by English school children during World War II. It uses the same tune as 'She'll Be Coming 'Round The Mountain' though its verse and chorus follow the format of the song 'Ten Green Bottles' however since 2000 has been a song commonly sung by football...
". The song and its accompanying YouTube video (featuring footage of German planes being shot down, the Wembley goal, a burning German flag, etc.) attracted media attention in Germany, as well as from the British tabloid News of the World
News of the World
The News of the World was a national red top newspaper published in the United Kingdom from 1843 to 2011. It was at one time the biggest selling English language newspaper in the world, and at closure still had one of the highest English language circulations...
. The song was eventually included in the World Cup themed compilation Weltmeister Hits 2006.
Nazi flag
On 26 July 1935 in New York a group of demonstrators boarded the SS BremenSS Bremen (1929)
The SS Bremen was a German-built ocean liner constructed for the Norddeutscher Lloyd line to work the transatlantic sea route. The Bremen was notable for her bulbous bow construction, high-speed engines, and low, streamlined profile. At the time of her construction, she and her sister ship were...
, tore the Nazi party flag from the jackstaff and threw it into the Hudson River. The German ambassador sharply protested, but the protest was resent claiming only a party symbol was harmed and the national flag was not affected. On 15 September 1935 the Reichsflaggengesetz (Reichs flag law) (RGBl. I S. 1145) came into effect, declaring the Nazi flag to be the exclusive national flag of Germany in response to this incident, removing the status of the original flag of the Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
as co-national flag.
In January 1941, the Flag of Nazi Germany flying from the German consulate in San Francisco, California
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
was slashed and torn down by two United States Navy sailors. They were arrested, tried and convicted of malicious mischief
Malicious mischief
Malicious Mischief is the specific name for different criminal offences in a number of different criminal jurisdictions. While the wrongful acts will often involve what is popularly described as vandalism there can be a legal differentiation between the two....
. The German government protested the incident and the United States Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
expressed their regrets. Later that year, after Germany declared war on the United States, one of the sailors, Harold Sturtevant
Harold Sturtevant
Harold Sturtevant was a sailor in the United States Navy. In January 1941, he and fellow sailor E.C. Lackey climbed up the fire escape of the building which housed the German consulate in San Francisco, California and slashed and tore down the flag of Nazi Germany which was flying there in honor of...
, reenlisted in the Navy after having been dismissed because of the incident.
Today Nazism
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
and Nazi symbols are rejected by Germany and, according to the criminal code Strafgesetzbuch section 86a, the public use or dissemination of Nazi symbols like the flag is illegal in Germany.
Hong Kong
In 1999 Ng Kung Siu and Lee Kin Yun were convicted for desecration of the regional flag of Hong KongFlag of Hong Kong
The Flag of Hong Kong — or Regional Flag of the Hong Kong Special Administrative Region of the People's Republic of China — features a white, stylised, five-petal Hong Kong orchid tree flower in the centre of a red field. Its design was adopted on 4 April 1990 at the Third Session of the...
and the National flag
Flag of the People's Republic of China
The flag of the People's Republic of China is a red field charged in the canton with five golden stars. The design features one large star, with four smaller stars in a semicircle set off towards the fly...
. They were found guilty by a magistrate, had the conviction over turned in the High Court but the convictions were restored by the Court of Final Appeal.
They were bound over to keep the peace on their own recognisance of $2,000 for 12 months for each of the two charges.
In the judgement, Chief Justice Andrew Li
Andrew Li
Andrew Li Kwok-nang, CBE, GBM, JP is the former Chief Justice of the Court of Final Appeal of Hong Kong, a post he held from the 1997 Hong Kong handover until 31 August 2010 inclusive. He is succeeded by Geoffrey Ma.-Early life and education:...
said although the Basic Law of Hong Kong guarantees freedom of speech, flag desecration is not legal because there are other protest methods.
Hungary
India
The Indian flag code is a set of laws that govern the usage of the Flag of India. The Bureau of Indian Standards is in charge of the enforcement of the manufacture of the flag according to the guidelines.Violation of the code may invite severe punishments and penalties. The code was written in 2002 and merged the following acts: provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (No.12 of 1950) and the Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971).
The Indian Flag Code was often criticized for being too rigid and prevented ordinary citizens from displaying the flag on homes and other buildings. For many years, only Government officials and other Government buildings could unfurl the flag. That changed in 2001 when Naveen Jindal won a court case in the Supreme Court of India to give Indians the right to unfurl the flag publicly. The Indian cricket batsman Sachin Tendulkar was accused of sporting the flag on his cricket helmet below the BCCI emblem. He later changed it and placed the flag above BCCI emblem. The flag code was updated in 2005; some new provisions include that the flag cannot be worn under the waist or on undergarments.
Iraq
In 2004 many copies of the proposed new flag for Iraq were burnt (see Flag of IraqFlag of Iraq
The flag of Iraq consists of the three equal horizontal red, white, and black bands of the Arab Liberation Flag. The flag has been in use since 1963, with several changes to the green symbols in the central white band, the most recent version bearing the Takbir rendered in green. Following the U.S...
). There were no such examples of burning the current Iraqi national flags, even by political opponents, as both contain the words Allahu Akbar, so that would be seen as a religious insult.
Ireland
The Department of the TaoiseachDepartment of the Taoiseach
The Department of the Taoiseach is the government department of the Taoiseach of Ireland. It is based in Government Buildings, the headquarters of the Government of Ireland, on Merrion Street in Dublin....
's guide to the flag of Ireland
Flag of Ireland
The national flag of Ireland is a vertical tricolour of green , white, and orange. It is also known as the Irish tricolour. The flag proportion is 1:2...
includes a list of "practices to avoid". This states in part "The National Flag should never be defaced by placing slogans, logos, lettering or pictures of any kind on it, for example at sporting events." A tricolour inscribed "Davy Keogh says hello" waved continually since 1981 has given its eponymous bearer a modicum of fame among Republic of Ireland soccer
Republic of Ireland national football team
The Republic of Ireland national football team represents Ireland in association football. It is run by the Football Association of Ireland and currently plays home fixtures at Aviva Stadium in Dublin, which opened in May 2010....
supporters. Guinness
Guinness
Guinness is a popular Irish dry stout that originated in the brewery of Arthur Guinness at St. James's Gate, Dublin. Guinness is directly descended from the porter style that originated in London in the early 18th century and is one of the most successful beer brands worldwide, brewed in almost...
ran a promotion before the 2002 FIFA World Cup
2002 FIFA World Cup
The 2002 FIFA World Cup was the 17th staging of the FIFA World Cup, held in South Korea and Japan from 31 May to 30 June. It was also the first World Cup held in Asia, and the last in which the golden goal rule was implemented. Brazil won the tournament for a record fifth time, beating Germany 2–0...
distributing Irish flags to supporters in pubs, on which the tricolour's white band was defaced with Guinness's harp logo. Guinness apologised after public criticism. Cecilia Keaveney
Cecilia Keaveney
Cecilia Keaveney is a former Irish Fianna Fáil politician. She was a Teachta Dála and also a Senator from 1996 to 2011.-Early life:...
said in a subsequent Dáil
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
debate, "It may not be possible to address defacing the flag through legislation, but the House must issue a strong message that this is unacceptable."
Seán O'Casey
Seán O'Casey
Seán O'Casey was an Irish dramatist and memoirist. A committed socialist, he was the first Irish playwright of note to write about the Dublin working classes.- Early life:...
's 1926 play The Plough and the Stars attracted controversy for its critical view of the Easter Rising
Easter Rising
The Easter Rising was an insurrection staged in Ireland during Easter Week, 1916. The Rising was mounted by Irish republicans with the aims of ending British rule in Ireland and establishing the Irish Republic at a time when the British Empire was heavily engaged in the First World War...
, in particular a scene in which a tricolour is brought into a pub frequented by a prostitute. On 7 May 1945, the day before V-E Day, celebrating unionist
Unionism in Ireland
Unionism in Ireland is an ideology that favours the continuation of some form of political union between the islands of Ireland and Great Britain...
students in Trinity College Dublin raised the flags of the victorious Allies
Allies of World War II
The Allies of World War II were the countries that opposed the Axis powers during the Second World War . Former Axis states contributing to the Allied victory are not considered Allied states...
over the college; when onlookers in College Green
College Green
College Green is a three-sided "square" in the centre of Dublin. On its northern side is a building known today as the Bank of Ireland which until 1800 was Ireland's Parliament House. To its east stands Trinity College Dublin, the only constituent college of the University of Dublin. To its south...
began jeering, some took down the flag of neutral Ireland
Irish neutrality during World War II
The policy of Irish neutrality during World War II was adopted by Dáil Éireann at the instigation of Éamon de Valera, its Taoiseach upon the outbreak of hostilities in Europe and maintained throughout the conflict. De Valera refrained from joining either the Allies or Axis powers...
, set fire to it and tossed it away, provoking a small riot. In response, nationalist
Irish nationalism
Irish nationalism manifests itself in political and social movements and in sentiment inspired by a love for Irish culture, language and history, and as a sense of pride in Ireland and in the Irish people...
students from University College Dublin
University College Dublin
University College Dublin ) - formally known as University College Dublin - National University of Ireland, Dublin is the Republic of Ireland's largest, and Ireland's second largest, university, with over 1,300 faculty and 17,000 students...
, including future Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
Charles Haughey
Charles Haughey
Charles James "Charlie" Haughey was Taoiseach of Ireland, serving three terms in office . He was also the fourth leader of Fianna Fáil...
, burned the British flag
Union Flag
The Union Flag, also known as the Union Jack, is the flag of the United Kingdom. It retains an official or semi-official status in some Commonwealth Realms; for example, it is known as the Royal Union Flag in Canada. It is also used as an official flag in some of the smaller British overseas...
in Grafton Street. The Provost of Trinity College apologised for the incident, which was not reported in Irish newspapers owing to wartime censorship.
Israel
In 2007 six teenagers in the South Tel AvivTel Aviv
Tel Aviv , officially Tel Aviv-Yafo , is the second most populous city in Israel, with a population of 404,400 on a land area of . The city is located on the Israeli Mediterranean coastline in west-central Israel. It is the largest and most populous city in the metropolitan area of Gush Dan, with...
suburb of Bat Yam were arrested for burning an Israeli flag. This incident was considered serious by the police and others since the youths were suspected in other acts of vandalism and claimed to be Satanists.
Japan
In JapanJapan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, under Chapter 4, Article 92 of the Criminal Code
Criminal Code of Japan
The Penal Code of Japan was passed in 1907 as Law No. 45. It is one of the Six Codes that form the foundation of Japanese law.- External links :* - Japanese Ministry of Justice...
, any desecration of recognized foreign nation's national flag and symbol to dishonour is prohibited and punishable by fine or penal labour, but only on complaint by the foreign government.
In May 1958, Flag of the People's Republic of China
Flag of the People's Republic of China
The flag of the People's Republic of China is a red field charged in the canton with five golden stars. The design features one large star, with four smaller stars in a semicircle set off towards the fly...
at a postage stamp convention was pulled down and damaged, but as Japan did not recognize People's Republic of China at the time, the law was not applied. In February 2011, Japanese ultra-rightists
Uyoku dantai
Uyoku dantai are Japanese nationalist right-wing groups.In 1996, the National Police Agency estimated that there are over 1000 right wing groups in Japan with about 100,000 members in total.-Tennō period:...
held a protest over the Kuril islands dispute
Kuril Islands dispute
The Kuril Islands dispute , also known as the , is a dispute between Japan and Russia over sovereignty over the South Kuril Islands. The disputed islands, which were occupied by Soviet forces during the Manchurian Strategic Offensive Operation at the end of World War II, are under Russian...
outside of the Russian embassy in Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
, during which they dragged a Russian flag
Flag of Russia
The flag of Russia is a tricolour flag of three equal horizontal fields, white on the top, blue in the middle and red on the bottom. The flag was first used as an ensign for Russian merchant and war ships and only became official in 1896...
on the ground; Russian foreign minister Sergei Lavrov stated that his ministry had asked the Japanese government to launch a criminal case over the incident.
However, there has never been a law explicitly prohibiting desecration of Flag of Japan
Flag of Japan
The national flag of Japan is a white rectangular flag with a large red disk in the center. This flag is officially called in Japanese, but is more commonly known as ....
. Absent such law, the act of desecration is implicitly protected by Article 21 "Freedom of speech" of Constitution of Japan
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
.
New Zealand
In New ZealandNew Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, under the Flags, Emblems and Names Protection Act 1981 it is illegal to destroy the New Zealand flag
Flag of New Zealand
The flag of New Zealand is a defaced Blue Ensign with the Union Flag in the canton, and four red stars with white borders to the right. The stars represent the constellation of Crux, the Southern Cross....
with the intent of dishonouring it. In 2003, Paul Hopkinson, a Wellington schoolteacher, burned the Flag of New Zealand as part of a protest in Parliament grounds at the New Zealand Government's hosting of the Prime Minister of Australia, against the background of Australia's support of the United States in its war in Iraq. Hopkinson was initially convicted under Flags, Emblems and Names Protection Act 1981 of destroying a New Zealand flag with intent to dishonour it, but appealed against his conviction. On appeal, his conviction was overturned on the grounds that the law had to be read consistently with the right to freedom of expression under the Bill of Rights. This meant that his actions were not unlawful because the word dishonour in the Flags, Emblems and Names Protection Act had many shades of meaning, and when the least restrictive meaning of that word was adopted Hopkinson's actions did not meet that standard. This somewhat unusual result was due in part to the fact that the Bill of Rights does not overrule other laws (Hopkinson v. Police).
In 2011 the New Zealand Supreme Court ruled that burning the flag at an ANZAC day
ANZAC Day
Anzac Day is a national day of remembrance in Australia and New Zealand, commemorated by both countries on 25 April every year to honour the members of the Australian and New Zealand Army Corps who fought at Gallipoli in the Ottoman Empire during World War I. It now more broadly commemorates all...
dawn service was not offensive behaviour.
Norway
Desecration of foreign country's flag or national coat of arms was previously banned according to the General Civil Penal Code §95. The ban had however rarely been practiced, and was eventually lifted in 2008.Comedian Otto Jespersen
Otto Jespersen (comedian)
Otto Jespersen is a controversial Norwegian comedian, actor and television personality.-Biography:At the age of 19 Jespersen became a Marxist-Leninist, and was for a short period of time a member of the Communist organization Red Youth...
burned a US flag during a satirical TV show in 2003.
During the Jyllands-Posten Muhammad cartoons controversy
Jyllands-Posten Muhammad cartoons controversy
The Jyllands-Posten Muhammad cartoons controversy began after 12 editorial cartoons, most of which depicted the Islamic prophet Muhammad, were published in the Danish newspaper Jyllands-Posten on 30 September 2005...
, Norwegian flags were burned in demonstrations in various Muslim countries.
Pakistan
On May 19, 2010 demonstrators in several PakistanPakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
i cities burned the Norwegian
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
flag when protesting the Facebook
Facebook
Facebook is a social networking service and website launched in February 2004, operated and privately owned by Facebook, Inc. , Facebook has more than 800 million active users. Users must register before using the site, after which they may create a personal profile, add other users as...
groups in support of flag desecration.
Panama
On January 9, 1964 a discussion broke out between Panamanian students and Americans living in the Panama Canal ZonePanama Canal Zone
The Panama Canal Zone was a unorganized U.S. territory located within the Republic of Panama, consisting of the Panama Canal and an area generally extending 5 miles on each side of the centerline, but excluding Panama City and Colón, which otherwise would have been partly within the limits of...
over the right of the flag of Panama
Flag of Panama
The flag of Panama was made by Maria Ossa de Amador. It has been officially adopted by the "ley 48 de 1925"; the flag is celebrated on November 4, one day after Panamanian independence from Colombia....
to be raised next to the flag of the United States
Flag of the United States
The national flag of the United States of America consists of thirteen equal horizontal stripes of red alternating with white, with a blue rectangle in the canton bearing fifty small, white, five-pointed stars arranged in nine offset horizontal rows of six stars alternating with rows...
, at this time a disputed territory between these nations. During the scuffle a Panamanian flag carried by Panamanian students was torn. This sparked four days of riots that ended with 22 Panamanians and four Americans dead, and with Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
breaking diplomatic relations with the United States. This event is considered to be very important in the decision to negotiate and sign the Torrijos-Carter Treaties
Torrijos-Carter Treaties
The Torrijos–Carter Treaties are two treaties signed by the United States and Panama in Washington, D.C., on September 7, 1977, which abrogated the Hay-Bunau Varilla Treaty of 1903...
, that allowed that the Panama Canal
Panama Canal
The Panama Canal is a ship canal in Panama that joins the Atlantic Ocean and the Pacific Ocean and is a key conduit for international maritime trade. Built from 1904 to 1914, the canal has seen annual traffic rise from about 1,000 ships early on to 14,702 vessels measuring a total of 309.6...
administration was handed over to the Panamanian Government on December 31, 1999. January 9 is known as Martyrs' Day and it is commemorated in Panama as a day of mourning.
On October 21, 2008, United States wrestlers, the Heartbreak Express appeared on the largest interview segment on Panama television where they threw the flag of Panama
Flag of Panama
The flag of Panama was made by Maria Ossa de Amador. It has been officially adopted by the "ley 48 de 1925"; the flag is celebrated on November 4, one day after Panamanian independence from Colombia....
down and stomped on it. The matter is currently under investigation.
Peru
The precise law in PeruPeru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
is unclear, but such acts are clearly capable of causing outrage. "[T]he Model Leysi Suarez appeared naked photographed using Peru's flag
Flag of Peru
The flag of Peru was adopted by the government of Peru in 1825. It is a vertical triband with red outer bands and a single white middle band. Depending on its use, it may be defaced with different emblems, and has different names...
as a saddle while mounted on a horse will face charges that could put her in jail for up to four years for offending patriotic symbols, the country's defence minister said".
Philippines
Section 34a the Flag and Heraldic Code of the Philippines declares that it is a prohibited act "[t]o mutilate, deface, defile, trample on or cast contempt or commit any act or omission casting dishonor or ridicule upon the flag or over its surface;"Portugal
Currently, according to article 332 of the Penal Code, "Who publicly, by means of words, gestures or print publication, or by other means of public communication, insults the Republic, the Flag or the National Anthem, the coats of arms or the symbols of Portuguese sovereignty, or fails to show the respect they are entitled to, shall be punished with up to two years imprisonment or a fine of up to 240 days". In the case of the regional symbols, the person shall be punished with up to one year imprisonment or a fine of up to 120 days (fines are calculated based on the defendant's income).The Portuguese Penal Code (article 323) also forbids the desecration of foreign symbols: "Who publicly, by means of words, gestures or print publication, or by other means of public communication, insults the official flag or other symbol of sovereignty of a foreign State or of an international organization of which Portugal is a member shall be punished with up to one year imprisonment or a fine of up to 120 days." This article applies under two conditions (article 324): that Portugal maintains diplomatic relations with the insulted country, and that there is reciprocity (i.e., that the insulted country would also punish any insult against Portuguese symbols of sovereignty, should they occur there).
Romania
In Romania, according to the article 236 of the penal code, any manifestation which expresses contempt for the Romanian symbols (according to the constitution, these are the flag, national day, anthem and coat-of-arms) is punished by imprisonment, from 6 months to 3 years, while the contempt for the symbols of Romanian authorities is also punished by imprisonment, from 3 months to 1 year, or by fine.This law has been seen in a report of the Press Monitoring Agency, a project financed by the Open Society Institute
Open Society Institute
The Open Society Institute , renamed in 2011 to Open Society Foundations, is a private operating and grantmaking foundation started by George Soros, aimed to shape public policy to promote democratic governance, human rights, and economic, legal, and social reform...
, as being a potential danger to the freedom of expression because of its vague terms, because it can incriminate opinions.
During the 1989 Romanian Revolution, the Communist era flag was flown with a hole on the coat of arms.
Saudi Arabia
The flag of Saudi ArabiaFlag of Saudi Arabia
The flag of Saudi Arabia is the flag used by the government of Saudi Arabia since March 15, 1973. It is a green flag featuring in white an Arabic inscription and a sword. The script on the flag is written in the Thuluth script...
bears the shahada
Shahada
The Shahada , means "to know and believe without suspicion, as if witnessed"/testification; it is the name of the Islamic creed. The shahada is the Muslim declaration of belief in the oneness of God and acceptance of Muhammad as God's prophet...
or Islamic declaration of faith. Because the shahada is considered holy, Saudi Arabia's flag code is extremely strict and even the slightest violation amounts to desecration not only of the flag but also of Islam itself. This has led to several incidents of controversy. In 1994, McDonald's
McDonald's
McDonald's Corporation is the world's largest chain of hamburger fast food restaurants, serving around 64 million customers daily in 119 countries. Headquartered in the United States, the company began in 1940 as a barbecue restaurant operated by the eponymous Richard and Maurice McDonald; in 1948...
printed carry-out bags bearing the flags of all nations participating in the FIFA World Cup
FIFA World Cup
The FIFA World Cup, often simply the World Cup, is an international association football competition contested by the senior men's national teams of the members of Fédération Internationale de Football Association , the sport's global governing body...
(with a green flag with Saudi Arabia's coat of arms superimposed, rather than the Saudi flag), while Coca-Cola
Coca-Cola
Coca-Cola is a carbonated soft drink sold in stores, restaurants, and vending machines in more than 200 countries. It is produced by The Coca-Cola Company of Atlanta, Georgia, and is often referred to simply as Coke...
did the same on cans of soda. Because of Saudi outrage, the companies stopped producing those items. Also during the FIFA World Cup, in 2002, Saudi officials protested against printing the flag on a football on the belief that kicking the creed with the foot was totally unacceptable.
South Korea
During the 1988 Olympics1988 Summer Olympics
The 1988 Summer Olympics, officially known as the Games of the XXIV Olympiad, were an all international multi-sport events celebrated from September 17 to October 2, 1988 in Seoul, South Korea. They were the second summer Olympic Games to be held in Asia and the first since the 1964 Summer Olympics...
some South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
ns expressed anger at T-shirts worn by United States newspeople which were seen as defacing the flag of South Korea
Flag of South Korea
The flag of South Korea, or Taegeukgi has three parts: a white background; a red and blue taegeuk in the centre; and four black trigrams, one in each corner of the flag...
.
Soviet Union
The flag of the Soviet UnionSoviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
has been burned many times by protestors against its government's policies. For instance in Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
by those protesting the Warsaw Pact invasion of Czechoslovakia
Warsaw Pact invasion of Czechoslovakia
On the night of 20–21 August 1968, the Soviet Union and her main satellite states in the Warsaw Pact – Bulgaria, the German Democratic Republic , Hungary and Poland – invaded the Czechoslovak Socialist Republic in order to halt Alexander Dubček's Prague Spring political liberalization...
of 1968, and in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
in 1985 by protesters against the Soviet War in Afghanistan
Soviet war in Afghanistan
The Soviet war in Afghanistan was a nine-year conflict involving the Soviet Union, supporting the Marxist-Leninist government of the Democratic Republic of Afghanistan against the Afghan Mujahideen and foreign "Arab–Afghan" volunteers...
.
Serbia
In Serbia, flag desecration is illegal and on May 20, 2009 secretary general of the International Workers' Association Ratibor Trivunac was arrested and punished with 10 days in prison for burning an American flagFlag of the United States
The national flag of the United States of America consists of thirteen equal horizontal stripes of red alternating with white, with a blue rectangle in the canton bearing fifty small, white, five-pointed stars arranged in nine offset horizontal rows of six stars alternating with rows...
during the visit of the US Vice President Joe Biden
Joe Biden
Joseph Robinette "Joe" Biden, Jr. is the 47th and current Vice President of the United States, serving under President Barack Obama...
. Due to the mass demonstrations and protests, he was freed from prison two days later.
Sweden
The desecration of national symbols is not specifically criminal, but flag desecration is prosecuted under the more general clauses against disorderly conduct.Switzerland
Destruction, removal or desecration of national emblems installed by a public authority (i.e., the Swiss flag, the Swiss coat of arms, the cantonal or municipalMunicipalities of Switzerland
Communes , also known as municipalities, are the smallest government division in Switzerland, numbering 2,596 . While many have a population of a few hundred citizens, the largest cities such as Zürich or Geneva also have the legal status of municipalities...
flags and coats of arms) is punishable by a monetary penalty or imprisonment of up to three years according to the Swiss federal penal code. The destruction or desecration of privately owned flags or coats of arms is legal.
Turkey
The flag of TurkeyFlag of Turkey
The flag of Turkey is a red flag with a white crescent moon and a star in its centre. The flag is called Ayyıldız or Albayrak . The Turkish flag is referred to as Alsancak in the Turkish National Anthem....
bears the star and crescent
Star and crescent
A star and crescent featuring in some combination form the basis of symbols widely found across the ancient world, with examples attested from the Eastern Mediterranean and Central Asia....
over a field of color red that represents the blood of martyrs which is considered sacred. Under the 1983 Turkish flag law, burning the flag is strictly forbidden, punishable by a prison sentence of three years. Displaying or pulling a torn or discolored flag to flagpole is also illegal. Taking down the flag is prohibited and punishable by a prison sentence of eighteen years.
The flag of Turkey has been desecrated in demonstrations often, typically during protests by Greek, Armenian, Greek Cypriot, and Kurdish groups as retaliation towards Turkey.
United Kingdom
Neither the lawEnglish law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
nor the law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
has a concept of "flag desecration."
In May 1998, in a protest by 2000 ex-PoWs, a Burma Railway veteran torched the Rising Sun banner before both Emperor Akihito and the Queen. Police were moved by the crowd not to arrest him. A year later, two "committed socialists" threw a burning Union flag in the direction of the Queen's motor vehicle. They were arrested under breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
, subsequently pleaded guilty and were fined a total £450. In 2001 at RAF Feltwell
RAF Feltwell
RAF Feltwell is a Royal Air Force station in Norfolk, East Anglia that is currently used by the United States Air Forces Europe. The station is located about 10 miles west of Thetford, and is in the borough of King's Lynn at approximate Ordnance Survey grid reference .A former Second World War...
, home of United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
's 5th Space Surveillance Squadron
5th Space Surveillance Squadron
The United States Air Force's 5th Space Surveillance Squadron was a space surveillance unit located at RAF Feltwell, United Kingdom.-Mission:...
, a protestor defaced the US Flag with the words "Stop Star Wars
Strategic Defense Initiative
The Strategic Defense Initiative was proposed by U.S. President Ronald Reagan on March 23, 1983 to use ground and space-based systems to protect the United States from attack by strategic nuclear ballistic missiles. The initiative focused on strategic defense rather than the prior strategic...
" before stepping in front of a vehicle and stamping on the flag. Her conviction under S5 Public Order Act 1986, was overturned as incompatible with article 10 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
.
In 2011, a republican core of c. 20/30 King's College, Cambridge
King's College, Cambridge
King's College is a constituent college of the University of Cambridge, England. The college's full name is "The King's College of our Lady and Saint Nicholas in Cambridge", but it is usually referred to simply as "King's" within the University....
students influenced the burning of a large Union flag, the centrepiece of the Student Union
Student union
Student union may refer to:* Students' union, or student government in the U.S., a student organization at many colleges and universities dedicated to student governance...
's decorations to celebrate the royal wedding
Wedding of Prince William and Catherine Middleton
The wedding of Prince William, Duke of Cambridge, and Catherine Middleton took place on 29 April 2011 at Westminster Abbey in London. Prince William, the eldest son of Charles, Prince of Wales, first met Catherine Middleton in 2001, when both were studying at the University of St Andrews. Their...
. KCSU condemned the action as a "needlessly divisive and violent way to make a political point...[the] Union flag is a symbol and therefore can mean different things to different people in different contexts".
In 2006, to allow greater police control over extremist Muslim protesters, 17 MPs signed a House of Commons motion calling for burning of the Union Flag to be made a criminal offence.
Northern Ireland
Unlike the rest of the United Kingdom, the law in Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
has varied since its foundation in 1921. The Union Flag
Flag of the United Kingdom
The United Kingdom of Great Britain and Northern Ireland uses as its national flag the royal banner known as the Union Flag or, popularly, Union Jack. The current design of the Union Flag dates from the union of Ireland and Great Britain in 1801...
of the United Kingdom, the former Flag of Northern Ireland
Ulster Banner
The Ulster Banner, more commonly known as the Ulster flag, Northern Ireland flag or the Red Hand of Ulster flag, was the flag of the Government of Northern Ireland between 1953 and 1972. Since that government was abolished in 1972, the flag has become a symbol of Ulster loyalism and is not...
, and the tricolour
Flag of Ireland
The national flag of Ireland is a vertical tricolour of green , white, and orange. It is also known as the Irish tricolour. The flag proportion is 1:2...
of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
are often defaced or burnt in Northern Ireland as a political provocation or as a protest.
British military colours
The Queen's Colours and Regimental Colours are a very important symbol for a British ArmyBritish Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
regiment and for many regiments in the Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
which have inherited the British Army's traditions. In a Line Regiment the Colour stand consists of these two flags, and damage to such a symbol would be a considered a great insult to the regiment by its members. In the British armed forces, it is usual for flag-bearers to lower flags and standards, even Queen's and Regimental Colours, so that they are draped on the ground, as part of a Royal Salute or during the two-minute silence on Remembrance Sunday
Remembrance Sunday
In the United Kingdom, 'Remembrance Sunday' is held on the second Sunday in November, which is the Sunday nearest to 11 November Armistice Day. It is the anniversary of the end of hostilities in the First World War at 11 a.m...
. This mark of respect, known as vailing, is not considered to be a desecration of the colours.
United States
The flag of the United StatesFlag of the United States
The national flag of the United States of America consists of thirteen equal horizontal stripes of red alternating with white, with a blue rectangle in the canton bearing fifty small, white, five-pointed stars arranged in nine offset horizontal rows of six stars alternating with rows...
is sometimes symbolically burnt, often in protest of the policies of the American government, both within the country and abroad. The United States Supreme Court in Texas v. Johnson
Texas v. Johnson
Texas v. Johnson, , was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant's act of flag burning was...
, , and reaffirmed in U.S. v. Eichman
United States v. Eichman
United States v. Eichman, 496 U.S. 310 was a United States Supreme Court case that invalidated a federal law against flag desecration as violative of free speech under the First Amendment to the Constitution. It was argued together with the case United States v...
, , has ruled that due to the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, it is unconstitutional for a government (whether federal, state, or municipality) to prohibit the desecration of a flag, due to its status as "symbolic speech
Symbolic speech
Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. Symbolic speech is recognized as being protected under the First Amendment as a form of speech, but this is not expressly...
." However, content-neutral restrictions may still be imposed to regulate the time, place, and manner of such expression.
In 1862, during the Union army's occupation of New Orleans in the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, the military governor, Benjamin Franklin Butler
Benjamin Franklin Butler (politician)
Benjamin Franklin Butler was an American lawyer and politician who represented Massachusetts in the United States House of Representatives and later served as the 33rd Governor of Massachusetts....
, sentenced William B. Mumford
William B. Mumford
William Bruce Mumford was a North Carolina native and resident of New Orleans, Louisiana who was hanged for tearing down a United States flag during the American Civil War.- Flag incident :...
to death for removing an American flag. In 1864 John Greenleaf Whittier
John Greenleaf Whittier
John Greenleaf Whittier was an influential American Quaker poet and ardent advocate of the abolition of slavery in the United States. He is usually listed as one of the Fireside Poets...
wrote the poem Barbara Frietchie, which told of a (probably fictional) incident in which Confederate soldiers were deterred from defacing an American flag. The poem contains the famous lines:
"Shoot, if you must, this old gray head,
But spare your country's flag," she said.
During the United States involvement in the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
American flags were sometimes burned during anti-war protest demonstrations.
After the Johnson and Eichman decisions, several flag burning amendments to the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
were proposed. On June 22, 2005, a Flag Desecration Amendment
Flag Desecration Amendment
The Flag Desecration Amendment, often referred to as the flag burning amendment, is a controversial proposed constitutional amendment to the United States Constitution that would allow the United States Congress to statutorily prohibit expression of political views through the physical desecration...
was passed by the House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
with the needed two-thirds majority. On June 27, 2006, another attempt to pass a ban on flag burning was rejected by the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
in a close vote of 66 in favor, 34 opposed, one vote short of the two-thirds majority needed to send the amendment to be voted on by the states.
Flying an American flag upside down is not necessarily meant as political protest. The practice has its origin in a military distress signal; displaying a flag in this manner is "a signal of dire distress in instances of extreme danger to life or property"; it has been used by extension to make a statement about distress in civic, political, or other areas. Upside-down flying of the flag was ruled constitutional in Spence v. Washington, a 1974 Supreme Court ruling.
Actions portraying the flag being flown upside down can be witnessed through American rock band Rage Against The Machine
Rage Against the Machine
Rage Against the Machine is an American rock band from Los Angeles, California. Formed in 1991, the group's line-up consists of vocalist Zack de la Rocha, bassist and backing vocalist Tim Commerford, guitarist Tom Morello and drummer Brad Wilk...
at the Democratic Convention in 2000.
Confederate flag
The battle flag of the Confederate States of AmericaConfederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
has sometimes been burned in protest, because of its historical connection with racism. In 2000 protesters from the Jewish Defense League
Jewish Defense League
The Jewish Defense League is a Jewish organization whose stated goal is to "protect Jews from antisemitism by whatever means necessary"...
burned Confederate and Nazi flags to protest an arson attempt against a Reno, Nevada
Reno, Nevada
Reno is the county seat of Washoe County, Nevada, United States. The city has a population of about 220,500 and is the most populous Nevada city outside of the Las Vegas metropolitan area...
synagogue
Synagogue
A synagogue is a Jewish house of prayer. This use of the Greek term synagogue originates in the Septuagint where it sometimes translates the Hebrew word for assembly, kahal...
. This was criticized by a representative of the Anti-Defamation League
Anti-Defamation League
The Anti-Defamation League is an international non-governmental organization based in the United States. Describing itself as "the nation's premier civil rights/human relations agency", the ADL states that it "fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects...
who said that it was more effective to work with the police and other authorities rather than to engage in "tactics which inflame and exacerbate situations."
Rainbow Flag
In 1999 three protesters tore down and burned a Rainbow FlagRainbow flag
A rainbow flag is a multi-colored flag consisting of stripes in the colors of the rainbow. The actual colors shown differ, but many of the designs are based on the traditional scheme of red, orange, yellow, green, blue, indigo and violet, or some more modern division of the rainbow spectrum .The...
, standing for gay rights, from the Ohio Statehouse
Ohio Statehouse
The Ohio Statehouse, located in Columbus, Ohio, is the house of government for the state of Ohio. The Greek Revival building houses the Ohio General Assembly and the ceremonial offices of the Governor, Lieutenant Governor, Treasurer, and Auditor....
in Columbus, Ohio
Columbus, Ohio
Columbus is the capital of and the largest city in the U.S. state of Ohio. The broader metropolitan area encompasses several counties and is the third largest in Ohio behind those of Cleveland and Cincinnati. Columbus is the third largest city in the American Midwest, and the fifteenth largest city...
. The flag had been flying in honor of Gay and Lesbian Pride Month
Gay and Lesbian Pride Month
Gay and Lesbian Pride Month is celebrated each year for the month of June. The last Sunday in June is celebrated as Gay Pride Day. On June 2, 2000, President Bill Clinton declared June "Gay & Lesbian Pride Month". In 2009, 2010, and 2011 U.S...
which had just been declared by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
. The flag burners were arrested by the Ohio State Highway Patrol
Ohio State Highway Patrol
The Ohio State Highway Patrol is a division of the Ohio Department of Public Safety and is the official highway patrol agency of Ohio. The several missions of the Patrol include providing roadway patrol, emergency response to all public lands, the investigation of crimes which occur on state...
and charged with misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
counts of arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
and disorderly conduct
Disorderly conduct
Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such...
.
Venezuela
Since the demonstrations against the refusal by the government to renew the broadcasting license of RCTVRCTV
Radio Caracas Televisión Internacional is a Venezuelan cable television network headquartered in the Caracas neighborhood of Quinta Crespo. It was sometimes referred to as the Canal de Bárcenas. Owned by Empresas 1BC, RCTV Internacional was inaugurated as Radio Caracas Televisión on 15 November...
(a major TV network), the upside-down flag of Venezuela
Flag of Venezuela
The current flag of Venezuela was introduced in 2006.The basic design includes a horizontal tricolor of yellow, blue, and red, dating to the original flag introduced in 1811, in the Venezuelan War of Independence....
has been adopted as a symbol of protest for this and other alleged threats to civil liberties. Demonstrators claim that it is a sign of distress and a call for help. However, government and ruling-party officials insist that these demonstrators are desecrating the flag, manipulated by the enemies of the people. An official video sharply criticizing this practice as disrespectful and traitorous was produced, and private TV networks have been ordered to transmit it for free. Globovisión
Globovisión
Globovisión is a 24-hour television news network in Venezuela. It broadcasts over-the-air in Caracas, Aragua, Carabobo and Zulia on UHF channel 33. Globovisión is seen in the rest of Venezuela on cable or satellite and worldwide from their website...
prepended to the video a statement denouncing the message as violative of the Law on Social Responsibility on Radio and Television
Law on Social Responsibility on Radio and Television
The Law on Social Responsibility on Radio and Television is a Venezuelan law, adopted by the National Assembly and in force since 7 December 2004....
, "for constituting anonymous official propaganda".
United Nations
In 2006 a United Nations flag was burned during a political campaign in Austin, TexasAustin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
, USA in protest against United Nations policy. The other candidate later claimed that it was an American flag that was burned. In 2009 a UN flag was dragged on the ground to show disrespect in a Tea Party protest in Jackson Hole
Jackson Hole
Jackson Hole, originally called Jackson's Hole, is a valley located in the U.S. state of Wyoming, near the western border with Idaho. The name "hole" derives from language used by early trappers or mountain men, who primarily entered the valley from the north and east and had to descend along...
, Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
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See also
- Flag etiquette
- Flag Desecration AmendmentFlag Desecration AmendmentThe Flag Desecration Amendment, often referred to as the flag burning amendment, is a controversial proposed constitutional amendment to the United States Constitution that would allow the United States Congress to statutorily prohibit expression of political views through the physical desecration...
- Free speech
- Qur'an desecrationQur'an desecrationThe term "Qur'an desecration" is defined as insulting the Qur'an by defiling or defacing it.Most traditional schools of Islamic law require wudu before a Muslim may touch the Qur'an, which is regarded as the literal word of God in its untranslated Arabic form...