S.jres58 - 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. (119th Congress)
Summary
Senate Joint Resolution 58 proposes a constitutional amendment authorizing Congress to prohibit the physical desecration of the United States flag. The resolution was introduced in the Senate on June 12, 2025, by Mr. Daines and Mr. Crapo, and subsequently referred to the Committee on the Judiciary. The proposed amendment requires a two-thirds vote in both the House and Senate and ratification by three-fourths of the state legislatures within seven years of its submission to become part of the Constitution.
Expected Effects
If ratified, the amendment would grant Congress the explicit power to enact laws protecting the U.S. flag from physical desecration. This could lead to federal statutes criminalizing acts such as flag burning or other forms of defacement. The amendment's passage would require significant political consensus, given the existing First Amendment protections related to freedom of speech.
Potential Benefits
- Potential strengthening of national unity and respect for national symbols.
- May provide a legal basis to prevent acts perceived as disrespectful to veterans and the military.
- Could address concerns of citizens who find flag desecration offensive.
- Might foster a greater sense of patriotism.
- Could be seen as a symbolic gesture of national pride.
Potential Disadvantages
- Potential infringement on First Amendment rights, specifically freedom of speech.
- Risk of chilling dissent and protest through restrictions on symbolic expression.
- Could lead to legal challenges and differing interpretations of what constitutes "desecration".
- May divide the nation further, pitting those who prioritize free speech against those who prioritize flag protection.
- Potential for misuse or selective enforcement of laws prohibiting flag desecration.
Most Disadvantaged Areas:
Constitutional Alignment
The proposed amendment directly addresses the First Amendment, which protects freedom of speech. Current Supreme Court precedent, particularly Texas v. Johnson (1989), holds that flag burning is a protected form of symbolic speech. This proposed amendment seeks to overturn that precedent by granting Congress the power to prohibit such acts, which would require altering the existing balance between free speech and the protection of national symbols. The amendment process itself is in accordance with Article V of the Constitution, which outlines the procedure for amending the document.
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).