# Burning the flag **URL:** \ **Category:** Factual Questions\ **Created:** [May 15, 2001, 7:01am UTC](https://boards.straightdope.com/t/burning-the-flag/65487 "2001-05-15T07:01:03Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![RedDawgEsq](https://avatars.discourse-cdn.com/v4/letter/r/dbc845/32.png) [@RedDawgEsq](https://boards.straightdope.com/u/RedDawgEsq)\ **Post date:** [May 15, 2001, 7:01am UTC](https://boards.straightdope.com/t/burning-the-flag/65487/1 "2001-05-15T07:01:03Z")
Isn’t it odd that the act of burning the (American) flag can be, depending on context and intent, either an act of extreme disrespect or the proper and approved etiquette for disposing of a worn or otherwise unservicable flag? If an anti-flag burning Constitutional Admendment were passed, could not an accused violator of it’s (assumed) provisions simply claim that he was following that protocol? I don’t have the wording before me, but I believe it states that the star field should first be cut from the remainder of the flag and that the two pieces (which no longer form a complete flag) should be “respectfully” burned. So perhaps a protestor, having skipped that little detail, could still be found to have committed a disrespectful act. Having been in an ROTC cadet corps in my college days, we would perform this ritual several times each year and it was one of the more solemn and impressive activities we did. It just seems odd to me that this one act can have such differing meanings depending on circumstances. ---
**Author:** ![waterj2](https://avatars.discourse-cdn.com/v4/letter/w/858c86/32.png) [@waterj2](https://boards.straightdope.com/u/waterj2)\ **Post date:** [May 15, 2001, 12:13pm UTC](https://boards.straightdope.com/t/burning-the-flag/65487/2 "2001-05-15T12:13:17Z")
Is there a general question here? ---
**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\ **Post date:** [May 15, 2001, 12:20pm UTC](https://boards.straightdope.com/t/burning-the-flag/65487/3 "2001-05-15T12:20:08Z")
**IMHO** , the flag symbolizes the freedom to burn the flag. If flag-burning were outlawed, then the flag loses its meaning. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [May 15, 2001, 7:27pm UTC](https://boards.straightdope.com/t/burning-the-flag/65487/4 "2001-05-15T19:27:22Z")
As I understand it, the Flag Code does not specify a particular procedure for disposing of the flag, only that it be done in a “respectful and symbolic manner”, or some such verbage. On the two occasions when my troop took part in such a ceremony, it was a lot more involved than just cutting out the blue field… I seem to recall removing the grommets, cutting out a single star, and separating all of the stripes, with symbolic meaning attached to each action. All of the discussion I’ve seen on a hypothetical “flag-burning ammendment” addresses “desecration” of the flag, which would imply disrespect. ---
**Author:** ![evilhanz](https://avatars.discourse-cdn.com/v4/letter/e/ba8739/32.png) [@evilhanz](https://boards.straightdope.com/u/evilhanz)\ **Post date:** [May 16, 2001, 4:34am UTC](https://boards.straightdope.com/t/burning-the-flag/65487/5 "2001-05-16T04:34:49Z")
> [@](#): > > \*Originally posted by Chronos \* > **As I understand it, the Flag Code does not specify a particular procedure for disposing of the flag, only that it be done in a “respectful and symbolic manner”, or some such verbage.** Actually, the Federal Flag Code specifies that burning is the the preferred method of disposing of a flag that has outlived it’s usefulness. See 36 US Code 10 Section 176.k of the Flag Code at [http://www.legion.org/flagcode.htm](http://www.legion.org/flagcode.htm) > [@](#): > > (k) 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. The American Legion has adopted a specific **Ceremony for the Disposal of Unserviceable Flags**. It’s details can be found at [http://www.legion.org/flagdisp.htm](http://www.legion.org/flagdisp.htm). As part of the ceremony, the following test is recited : > [@](#): > > \*\*Commander: \*\*Let these faded Flags of our Country be retired and destroyed with respectful and honorable rites and their places be taken by bright new Flags of the same size and kind, and let no grave of our soldier or sailor dead be unhonored and unmarked. Sergeant-at-Arms, assemble the Color Guard, escort the detail bearing the Flags and destroy these Flags by burning. The members shall stand at attention > > \*\*Chaplain: \*\* We thank Thee for our Country and its Flag, and for the liberty for which it stands. To clean and purging flame we commit these Flags, worn-out in worthy service. As they yield their substance to the fire, may Thy Holy Light spread over us and bring to our hearts renewed devotion to God and Country. Amen." [anecdotal] As a child, my great-great-uncle and my grandfather and I would dispose of old flags in a respectful fire. My Uncle was a Chaplain, and my Grandfather, a Sergeant. to them, it was the only proper method. [/anecdotal] ---
**Author:** ![evilhanz](https://avatars.discourse-cdn.com/v4/letter/e/ba8739/32.png) [@evilhanz](https://boards.straightdope.com/u/evilhanz)\ **Post date:** [May 16, 2001, 4:43am UTC](https://boards.straightdope.com/t/burning-the-flag/65487/6 "2001-05-16T04:43:58Z")
I just visited an interesting page with dialog from the ACLU and the Citizen’s Flag Alliance. Among other things, it mentions that there have been less than 200 incidents of flag burning (in the disrespectful, protesting sense) in the entire history of the United States. The penalty in most jurisdictions is a 3rd or 4th class misdemeanor punishable by a small fine. The Federal penalty is a fine of up to $1000 and up to 1-year in jail. From [http://uspolitics.about.com/newsissues/uspolitics/library/weekly/aa032500b.htm](http://uspolitics.about.com/newsissues/uspolitics/library/weekly/aa032500b.htm) I don’t think people should go around burning flags, but my personal opinion is that it is a Constitutionally protected form of political speech, as long as you burn your own flag and obtain the proper fire permits where applicable. The problem with the Flag Amendment, as described, is that it is worded vaguely, prohibiting “desecration”. That has broad interpretations, and is subject to abuse.