H.J.Res.101 - 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. (119th Congress)
Summary
H.J.Res.101 proposes a constitutional amendment granting Congress the power to prohibit the physical desecration of the U.S. flag. The resolution was introduced in the House of Representatives on June 13, 2025, and referred to the Committee on the Judiciary. It requires a two-thirds vote in both the House and Senate and ratification by three-fourths of the states within seven years to become effective.
Expected Effects
If ratified, this amendment would alter the balance between free speech protections and the government's ability to protect national symbols. Congress would gain explicit authority to legislate against flag desecration, potentially leading to federal laws criminalizing such acts. This could lead to legal challenges based on First Amendment grounds.
Potential Benefits
- Reinforces respect for a national symbol.
- May promote national unity.
- Could deter acts perceived as disrespectful to the flag and the values it represents.
- Addresses concerns of those who view flag desecration as deeply offensive.
- Provides a legal basis for Congress to act consistently on this issue.
Potential Disadvantages
- Potentially infringes upon First Amendment rights to freedom of speech.
- Could lead to the suppression of dissenting opinions expressed through symbolic acts.
- May divide the nation further by creating legal battles over the definition of "desecration".
- Could be used to stifle political protest.
- Diverts resources from addressing other pressing national issues.
Most Disadvantaged Areas:
Constitutional Alignment
The proposed amendment's alignment with the Constitution is debatable, particularly concerning the First Amendment's guarantee of free speech. While the Constitution allows for amendments, this one directly addresses a form of expression, potentially conflicting with established jurisprudence on symbolic speech. The Supreme Court has previously struck down laws prohibiting flag burning, citing First Amendment protections.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).