A joint resolution proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.
About This Bill
Committee
Latest Action · June 12, 2025
Read twice and referred to the Committee on the Judiciary.
S.J.Res. 58 proposes a constitutional amendment that would authorize Congress to pass laws prohibiting the physical desecration of the American flag. Currently, the Supreme Court has ruled that flag burning and similar acts constitute protected free speech under the First Amendment, preventing Congress from banning such conduct. This amendment would overturn that precedent by explicitly granting Congress the power to criminalize flag desecration through legislation. The amendment would need approval from two-thirds of both the Senate and House, then ratification by three-fourths of state legislatures within seven years to become part of the Constitution. The resolution affects all Americans by potentially restricting a form of political protest that is currently protected speech.
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