§ 2102. Desecration of flag.
(a) Offense defined.--A person is guilty of a misdemeanor of the third degree if, in any manner, he:
(1) for exhibition or display places any marks, writing or design of any nature or any
advertisement upon any flag;
(2) exposes to public view any such marked or defiled flag;
(3) manufactures, sells, exposes for sale, gives away, or has in his possession for any
of such purposes any article which uses the flag for the purposes of advertisement,
sale or trade; or
(4) publicly or privately mutilates, defaces, defiles, or tramples upon, or casts contempt
in any manner upon any flag.
(b) Exception.--Subsection (a) of this section does not apply:
(1) To any act permitted by the statutes of the United States, or by the regulations of
the armed forces of the United States.
(2) In a case where the government of the United States has granted the use of such flag,
standard, color, or ensign as a trademark.
(3) To any writing or instrument, or stationery for use in correspondence on any of which
shall be printed, painted, or placed said flag, disconnected from any advertisement
for the purpose of sale or trade.
(4) To any patriotic or political demonstration or decorations.
(c) Definition.--As used in this section the word "flag" shall include any flag, standard, color, ensign
or any picture or representation of any thereof, made of any substance or represented
on any substance and of any size, purporting to be a flag, standard, color or ensign
of the United States or of the Commonwealth, or a picture or a representation of any
thereof, upon which shall be shown the colors or any color, or any combination of
colors, or either the stars or the stripes, or the stars and the stripes, in any number
of either thereof, or anything which the person seeing the same, may reasonably believe
the same to represent the flag, colors, standard or ensign of the United States or
of the Commonwealth.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1989–2023 · leading case:
Commonwealth v. Bricker, 666 A.2d 257 (Pa. 1995).
Commonwealth v. Bricker, 666 A.2d 257 (Pa. 1995).
· cites it 22× “*237 The sole issue presented in this appeal is whether 18 Pa.C.S. § 2102 defining the criminal offense of desecration of the flag is an unconstitutional restraint on the First Amendment right to freedom of speech as written or as applied in this case.”
Texas v. Johnson, 491 U.S. 397 (1989).
· cites it 2× “075 (1987); 18 Pa. Cons. Stat. § 2102 (1983); R. I. Gen.”
Commonwealth v. Smith, 868 A.2d 1253 (Pa. Super. Ct. 2005).
“The state Of Pennsylvania has criminal laws regarding the desecration of the flag (See 18 Pa.C.S. § 2102) and statutes outlining proper display of the'flag, display of the flag on public buildings, and proper use of the flag (See 44 P.”
State v. Janssen, 580 N.W.2d 260 (Wis. 1998).
“075 (1997); 18 Pa. Cons. Stat. § 2102 (1995); R.I. Gen.”
Com. of PA v. E.P. Stilp (Pa. Commw. Ct. 2023).
· cites it 3× “Stilp’s first claim that the Ordinance is facially unconstitutional is meritless because, as the Pennsylvania Supreme Court has acknowledged, “we are convinced that there are narrow categories of flag desecration constitutionally punishable under [Section 2102 of the…”
— 18 Pa. Cons. Stat. § 2102(a) — 1 case
Commonwealth v. Bricker, 666 A.2d 257 (Pa. 1995).
“*237 The sole issue presented in this appeal is whether 18 Pa.C.S. § 2102 defining the criminal offense of desecration of the flag is an unconstitutional restraint on the First Amendment right to freedom of speech as written or as applied in this case.”
— 18 Pa. Cons. Stat. § 2102(a)(4) — 2 cases
Commonwealth v. Bricker, 666 A.2d 257 (Pa. 1995).
“*237 The sole issue presented in this appeal is whether 18 Pa.C.S. § 2102 defining the criminal offense of desecration of the flag is an unconstitutional restraint on the First Amendment right to freedom of speech as written or as applied in this case.”
Com. of PA v. E.P. Stilp (Pa. Commw. Ct. 2023).
“Stilp’s first claim that the Ordinance is facially unconstitutional is meritless because, as the Pennsylvania Supreme Court has acknowledged, “we are convinced that there are narrow categories of flag desecration constitutionally punishable under [Section 2102 of the…”
— 18 Pa. Cons. Stat. § 2102(a)(4)(b)(4) — 1 case
Commonwealth v. Bricker, 666 A.2d 257 (Pa. 1995).
“*237 The sole issue presented in this appeal is whether 18 Pa.C.S. § 2102 defining the criminal offense of desecration of the flag is an unconstitutional restraint on the First Amendment right to freedom of speech as written or as applied in this case.”
— 18 Pa. Cons. Stat. § 2102(b)(4) — 2 cases
Commonwealth v. Bricker, 666 A.2d 257 (Pa. 1995).
“*237 The sole issue presented in this appeal is whether 18 Pa.C.S. § 2102 defining the criminal offense of desecration of the flag is an unconstitutional restraint on the First Amendment right to freedom of speech as written or as applied in this case.”
Com. of PA v. E.P. Stilp (Pa. Commw. Ct. 2023).
“Stilp’s first claim that the Ordinance is facially unconstitutional is meritless because, as the Pennsylvania Supreme Court has acknowledged, “we are convinced that there are narrow categories of flag desecration constitutionally punishable under [Section 2102 of the…”
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