18 U.S.C. § 700

Desecration of the flag of the United States; penalties

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(a)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.(2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.(b) As used in this section, the term “flag of the United States” means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed.(c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section.(d)(1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a).(2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.(Added Pub. L. 90–381, § 1, July 5, 1968, 82 Stat. 291; amended Pub. L. 101–131, §§ 2, 3, Oct. 28, 1989, 103 Stat. 777.)Editorial NotesConstitutionality

For information regarding the constitutionality of this section as amended by Pub. L. 101–131, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Amendments

1989—Subsec. (a). Pub. L. 101–131, § 2(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.”

Subsec. (b). Pub. L. 101–131, § 2(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The term ‘flag of the United States’ as used in this section, shall include any flag, standard colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, color, or ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, standards, colors, or ensign of the United States of America.”

Subsec. (d). Pub. L. 101–131, § 3, added subsec. (d).

Statutory Notes and Related SubsidiariesShort Title of 2000 Amendment

Pub. L. 106–547, § 1, Dec. 19, 2000, 114 Stat. 2738, provided that: “This Act [enacting sections 716 and 1036 of this title] may be cited as the ‘Enhanced Federal Security Act of 2000’.”

Short Title of 1989 Amendment

Pub. L. 101–131, § 1, Oct. 28, 1989, 103 Stat. 777, provided that: “This Act [amending this section] may be cited as the ‘Flag Protection Act of 1989’.”

Executive DocumentsEx. Ord. No. 14341. Prosecuting Burning of the American Flag

Ex. Ord. No. 14341, Aug. 25, 2025, 90 F.R. 42127, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. Our great American Flag is the most sacred and cherished symbol of the United States of America, and of American freedom, identity, and strength. Over nearly two-and-a-half centuries, many thousands of American patriots have fought, bled, and died to keep the Stars and Stripes waving proudly. The American Flag is a special symbol in our national life that should unite and represent all Americans of every background and walk of life. Desecrating it is uniquely offensive and provocative. It is a statement of contempt, hostility, and violence against our Nation—the clearest possible expression of opposition to the political union that preserves our rights, liberty, and security. Burning this representation of America may incite violence and riot. American Flag burning is also used by groups of foreign nationals as a calculated act to intimidate and threaten violence against Americans because of their nationality and place of birth.

Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to “fighting words” is constitutionally protected. See Texas v. Johnson, 491 U.S. 397, 408–10 (1989).

My Administration will act to restore respect and sanctity to the American Flag and prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent permissible under any available authority.

Sec. 2. Measures to Combat Desecration of the American Flag. (a) The Attorney General shall prioritize the enforcement to the fullest extent possible of our Nation’s criminal and civil laws against acts of American Flag desecration that violate applicable, content-neutral laws, while causing harm unrelated to expression, consistent with the First Amendment. This may include, but is not limited to, violent crimes; hate crimes, illegal discrimination against American citizens, or other violations of Americans’ civil rights; and crimes against property and the peace, as well as conspiracies and attempts to violate, and aiding and abetting others to violate, such laws.

(b) In cases where the Department of Justice or another executive department or agency (agency) determines that an instance of American Flag desecration may violate an applicable State or local law, such as open burning restrictions, disorderly conduct laws, or destruction of property laws, the agency shall refer the matter to the appropriate State or local authority for potential action.

(c) To the maximum extent permitted by the Constitution, the Attorney General shall vigorously prosecute those who violate our laws in ways that involve desecrating the American Flag, and may pursue litigation to clarify the scope of the First Amendment exceptions in this area.

(d) The Secretary of State, the Attorney General, and the Secretary of Homeland Security, acting within their respective authorities, shall deny, prohibit, terminate, or revoke visas, residence permits, naturalization proceedings, and other immigration benefits, or seek removal from the United States, pursuant to Federal law, including 8 U.S.C. 1182(a), 8 U.S.C. 1424, 8 U.S.C. 1427, 8 U.S.C. 1451(c), and 8 U.S.C. 1227(a) [sections 212(a), 313, 316, 340(c), and 237(a) of act June 27, 1952, ch. 477], whenever there has been an appropriate determination that foreign nationals have engaged in American Flag-desecration activity under circumstances that permit the exercise of such remedies pursuant to Federal law.

Sec. 3. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby.

Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The costs for publication of this order shall be borne by the Department of Justice.

Donald J. Trump.

Notes of Decisions

Cited in 39 cases, 1940–2018 · leading case: United States v. Eichman, 496 U.S. 310 (1990).

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United States v. Eichman, 496 U.S. 310 (1990). · cites it 12× “777 , 18 U. S. C. § 700 (1988 ed. and Supp. I), by knowingly setting fire to several United States flags on the steps of the United States Capitol while protesting various aspects of the Government's domestic and foreign policy.”

Texas v. Johnson, 491 U.S. 397 (1989). · cites it 2× “Now, however, 18 U. S. C. § 700 (a) provides that: "Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both.”

Street v. New York, 394 U.S. 576 (1969). · cites it 4× “Federal legislation enacting flag-desecration prohibitions on a national scale was not passed until July 5, 1968, two years after appellant's trial.”

United States v. Sharon K. Crosson, 462 F.2d 96 (9th Cir. 1972). · cites it 8× “KILKENNY, Circuit Judge: Appellant was indicted, tried by a jury and convicted of publicly burning the flag of the United States in violation of 18 U.S.C. § 700 . She was sentenced to imprisonment for a period of four months and fined.”

James Hagy v. Demers & Adams, 882 F.3d 616 (6th Cir. 2018). “2d 287 (1990) (striking the Flag Protection Act of 1989, 18 U.S.C. § 700 ). These limits are essential when it comes to preserving structural boundaries.”

Smith v. Goguen, 415 U.S. 566 (1974). · cites it 2× “The desecration provision of the statute, 18 U. S. C. § 700 (a), declares: "(a) Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not…”

Commonwealth v. Bricker, 666 A.2d 257 (Pa. 1995). · cites it 4× “The Government argued that the Flag Protection Act was constitutional because it did not target expressive conduct on the basis of the *248 content of its message, unlike the Texas statute which expressly prohibited only acts of physical flag desecration that the individual knew…”

United States v. William Charles Cary, Jr., 897 F.2d 917 (8th Cir. 1990). · cites it 10× “(Cary) appeals his conviction 1 of knowingly casting contempt upon a flag of the United States by publicly burning it in violation of 18 U.S.C. § 700 (1988). 2 The district *919 court, 3 which upheld § 700 against constitutional attack, 4 sentenced Cary to three months in…”

State v. Janssen, 580 N.W.2d 260 (Wis. 1998). · cites it 2× “See 18 U.S.C. § 700 (Supp. IV 1968); Hoge, 50 Wash.”

United States v. Haggerty, 731 F. Supp. 415 (W.D. Wash. 1990). · cites it 4× “The flagburning occurred during a political demonstration convened in front of a post office in Seattle, Washington to protest the enactment of the Flag Protection Act of 1989, 18 U.S.C. § 700 . That statute, which prohibits flag-burning, had taken effect only minutes before…”

State v. Waterman, 190 N.W.2d 809 (Iowa 1971). · cites it 4× “The prosecution was brought under 18 U.S.C. § 700 which unlike the Iowa and New York statute does not seemingly contemplate prosecution for verbal desecration.”

Diane Monroe v. State Court of Fulton Cnty., James Webb, Solicitor of Fulton Cnty., & Michael Bowers, Attorney Gen. of Georgia, 739 F.2d 568 (11th Cir. 1984). · cites it 2× “” 18 U.S.C. § 700 (a). 18 U.S.C. § 700 (c) expressly provides that the state statutes are not preempted by the federal flag desecration statute.”

Show all 39 citing cases →

— 18 U.S.C. § 700(a) — 1 case

United States v. Sharon K. Crosson, 462 F.2d 96 (9th Cir. 1972). “KILKENNY, Circuit Judge: Appellant was indicted, tried by a jury and convicted of publicly burning the flag of the United States in violation of 18 U.S.C. § 700 . She was sentenced to imprisonment for a period of four months and fined.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.