American law to prevent desecration of the national flag
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For the more recent bill, see Flag Protection Act of 2005.
Flag Protection Act of 1968
Other short titles
Flag Desecration Penalties Act of 1968
Long title
An Act to prohibit desecration of the flag and for other purposes.
Acronyms (colloquial)
FPA
Nicknames
Flag Protection Act of 1968
Enacted by
the 90th United States Congress
Effective
July 5, 1968
Citations
Public law
90-381
Statutes at Large
82 Stat. 291-2
Codification
Titles amended
18 U.S.C.: Crimes and Criminal Procedure
U.S.C. sections created
18 U.S.C. ch. 33 §§ 700-713
Legislative history
Introduced in the House as H.R. 10480
Passed the House on June 20, 1967 (387-16)
Signed into law by President Lyndon B. Johnson on July 5, 1968
United States Supreme Court cases
United States v. Eichman, 496 U.S. 310 (1990) in which the act (18 U.S.C. § 700) was struck down by the Supreme Court on June 11, 1990.
Reacting to protests during the Vietnam War era, the United States 90th Congress enacted Public Law 90-381 (82 Stat. 291), later codified as 18 U.S.C. 700, et. seq., and better known as the Flag Protection Act of 1968. It was an expansion to nationwide applicability of a 1947 law previously restricted only to the District of Columbia (See 61 Stat. 642).
In 1989, the 101st Congress amended that statute with Public Law 101-131 (103 Stat. 777). These amendments to the statute were in response to the United States Supreme Court's ruling that year in the case of Texas v. Johnson (491 U.S. 397). On June 11, 1990, the Supreme Court in the case of United States v. Eichman struck down the Flag Protection Act, ruling again that the government's interest in preserving the flag as a symbol does not outweigh the individual's First Amendment right to disparage that symbol through expressive conduct.[1]
^United States v. Eichman, 496 U.S. 310 (1990).
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