QUESTION
Is it illegal to burn the american flag in public.
Asked on Jul 15th, 2014 on Civil Rights - New Jersey
More details to this question:
13 years old burned the american flag behind the bleachers of my highschools field. People saw and called the cops we put out the fire (me and my friend) and are being told it is a serious crime by local law enforcement, but the constitution supposedly protects it. If it isillegal please state why and the actions that would be taken against it, is it a misdeamenor or a felony? Thank you
2 ANSWERS
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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it is not against the law to burn the american flag. we are a free country and we have 'freedom of speech' which includes burning the flag or a cross. ed dimon, esq.
Answered on Jul 16th, 2014 at 8:46 AM
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It has been determined that burning an American flag is constitutionally protected freedom of speech under the First Amendment. However, just because the act is not unconstitutional does not mean that the person cannot be charged with some other crime like arson, inciting a riot, property damage, etc.
Answered on Jul 16th, 2014 at 5:43 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship