The decision to ban flag burning belongs to the people
Nearly 250 years after the Second Continental Congress adopted a resolution establishing the Stars and Stripes as the official flag of the United States, we mark another Flag Day celebrating Old Glory and the enduring freedom it represents. But this occasion also marks another year in which Congress no longer has the constitutional authority it once had to decide how our most sacred symbol should be protected.
TL;DR
- The American flag symbolizes the nation's history, culture, diversity, unity, sacrifice, and freedom.
- The Supreme Court ruled in *Texas v. Johnson* (1989) that flag desecration is protected political expression under the First Amendment.
- This ruling removed Congress's ability to legislate on flag desecration, a power previously held and exercised by states.
- A joint resolution has been reintroduced to propose a constitutional amendment granting Congress the power to legislate on flag desecration.
- The goal is to return the decision regarding the flag's protection to the people through their representative bodies.