Proposing an amendment to the Constitution of the United States giving Congress power to prohibit the physical desecration of the flag of the United States.
H.J.Res. 101 proposes a constitutional amendment that would grant Congress the power to ban the physical desecration of the American flag. Currently, the Supreme Court has ruled that burning or otherwise destroying a flag is protected free speech under the First Amendment, but this amendment would allow Congress to make such acts illegal. To become part of the Constitution, the amendment would need to pass both chambers of Congress by a two-thirds majority and then be ratified by three-fourths of state legislatures within seven years. The resolution affects all Americans by potentially restricting a form of political protest, and no funding is required as this is a constitutional proposal rather than a spending measure. The joint resolution was introduced in June 2025 with bipartisan sponsorship.
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