Flag Protection Act of 2005
Encyclopedia
The Flag Protection Act of 2005 was a proposed United States
federal law
introduced by Senators
Hillary Rodham Clinton
and Robert Bennett
. The law would have outlawed flag burning
, and called for a punishment of one year in jail and a fine of $100,000.
According to the nonpartisan Congressional Research Service
, the act was summarized as such:
"Amends the federal criminal code to revise provisions regarding desecration of the flag to prohibit: (1) destroying or damaging a U.S. flag with the primary purpose and intent to incite or produce imminent violence or a breach of the peace; or (2) stealing or knowingly converting the use of a U.S. flag either belonging to the United States or on lands reserved for the United States and intentionally destroying or damaging that flag."
Since the law was not passed nor considered by the United States Congress
, its constitutionality was not challenged by the Supreme Court
. However, the bill's language was designed so as to prohibit the desecration of a flag when the intent was found to be a threat to public safety, the intention being that it would therefore not violate the First Amendment
and not be declared unconstitutional.
Both co-sponsors of the bill voted against the most recent Flag Desecration Amendment
of 2006.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
introduced by Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Hillary Rodham Clinton
Hillary Rodham Clinton
Hillary Diane Rodham Clinton is the 67th United States Secretary of State, serving in the administration of President Barack Obama. She was a United States Senator for New York from 2001 to 2009. As the wife of the 42nd President of the United States, Bill Clinton, she was the First Lady of the...
and Robert Bennett
Robert Foster Bennett
Robert Foster "Bob" Bennett is a former United States Senator from Utah and a member of the Republican Party. In 2006, Bennett was tapped to serve on the Senate Republican Leadership Team as Counsel to the Minority Leader, United States Senator Mitch McConnell...
. The law would have outlawed flag burning
Flag desecration
Flag desecration is a term applied to various acts that intentionally destroy, damage or mutilate a flag in public, most often a national flag. Often, such action is intended to make a political point against a country or its policies...
, and called for a punishment of one year in jail and a fine of $100,000.
According to the nonpartisan Congressional Research Service
Congressional Research Service
The Congressional Research Service , known as "Congress's think tank", is the public policy research arm of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works exclusively and directly for Members of Congress, their Committees and staff on a...
, the act was summarized as such:
"Amends the federal criminal code to revise provisions regarding desecration of the flag to prohibit: (1) destroying or damaging a U.S. flag with the primary purpose and intent to incite or produce imminent violence or a breach of the peace; or (2) stealing or knowingly converting the use of a U.S. flag either belonging to the United States or on lands reserved for the United States and intentionally destroying or damaging that flag."
Since the law was not passed nor considered by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, its constitutionality was not challenged by the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. However, the bill's language was designed so as to prohibit the desecration of a flag when the intent was found to be a threat to public safety, the intention being that it would therefore not violate the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and not be declared unconstitutional.
Both co-sponsors of the bill voted against the most recent Flag Desecration Amendment
Flag Desecration Amendment
The Flag Desecration Amendment, often referred to as the flag burning amendment, is a controversial proposed constitutional amendment to the United States Constitution that would allow the United States Congress to statutorily prohibit expression of political views through the physical desecration...
of 2006.