barn burning
Long ass story about how I got to this site (and it does not involve my own feelings toward America), but I thought the different laws states have for flag abuse were kind of neat-o. I can only conclude there are no Bloods in Oklahoma or South Dakota.
Colorado
The State of Colorado makes it a Class 3 misdemeanor for anyone to burn, cut or tear any U.S. flag in public with the intent to cast contempt or ridicule upon the flag, to outrage the sensibilities of a person likely to observe the incident or to cause a breach of the peace. [Colo. Rev. Stat. Sec. 18-11-204]
Georgia
The State of Georgia prohibits anyone from mutilating, defacing, defiling, or abusing contemptuously the U.S. flag, the Georgia state flag or the flag of the Confederate States of America. The law also forbids the use of such flags for advertising or publicity purposes. [Ga. Code Ann. Sec. 50-3-8 and 50-3-9]
Kentucky
The State of Kentucky makes it a Class A misdemeanor for anyone to desecrate the U.S. flag, the Kentucky state flag or any other patriotic or religious symbol. [Ky. Rev. Stat. Ann. Sec. 525.110]
Montana
The State of Montana imposes a fine of up to $50,000 and a jail term up to 10 years on anyone convicted of mutilating, defiling or showing contempt for the U.S. flag or the Montana state flag. The law also forbids the use of such flags for advertising or publicity purposes. [Mont. Code Ann. Sec. 45-8-215]
New Jersey
The State of New Jersey prohibits anyone from desecrating any public monument or symbol, including the U.S. or any state flag. [ N.J. Stat. Ann. Sec. 2C:33-9]
New York
The State of New York makes it a misdemeanor for anyone to use the U.S. flag for advertising or publicity purposes. [N.Y. Gen. Bus. Law Sec. 136]
Oklahoma
The State of Oklahoma imposes a fine up to $3,000 and a jail term up to three years for anyone who contemptuously or maliciously burns, mutilates, defaces or tramples upon the U.S. flag. The law forbids the public display of any red flag or other banner indicating disloyalty to the U.S. Government or promoting a belief in anarchy or the destruction of organized government. The law also forbids the use of the U.S. flag for advertising or publicity purposes. [Okla. Stat. tit. 9, Sec. 21-371 through 21-375]
South Dakota
The State of South Dakota makes it a Class 1 misdemeanor for anyone to knowingly mutilate, deface, burn or trample upon the U.S. flag or the South Dakota state flag. The law also forbids the use of such flags for advertising or publicity purposes. The law also bans the display of red, black or any other flags antagonistic to existing government. [S.D. Codified Laws Sec. 22-9-1 through 22-9-13]
West Virginia
The State of West Virginia imposes a fine of between $5 and $100 and a jail term up to 30 days on anyone convicted of publicly mutilating, defacing, defiling or trampling upon the U.S. flag or the West Virginia state flag. The law also forbids the use of such flags for advertising or publicity purposes. [W. Va. Code Sec. 61-1-8]
Wisconsin
The Wisconsin Supreme Court struck down the state’s flag-desecration law in 1998 as unconstitutionally overbroad. The case was Wisconsin v. Jansen, 580 N.W.2d 260, 219 Wis.2d 362 (Wis. 1998). Subsequent attempts by the state Legislature to redraft the statute have not succeeded.
Wyoming and Alaska are the only remaining states without a law against desecrating the American flag. Wyoming does have a clause in its state flag code that declares “all penalties provided by the laws of this state for the misuse of the national flag are applicable to the state flag,” but no such penalties seem to exist.
Colorado
The State of Colorado makes it a Class 3 misdemeanor for anyone to burn, cut or tear any U.S. flag in public with the intent to cast contempt or ridicule upon the flag, to outrage the sensibilities of a person likely to observe the incident or to cause a breach of the peace. [Colo. Rev. Stat. Sec. 18-11-204]
Georgia
The State of Georgia prohibits anyone from mutilating, defacing, defiling, or abusing contemptuously the U.S. flag, the Georgia state flag or the flag of the Confederate States of America. The law also forbids the use of such flags for advertising or publicity purposes. [Ga. Code Ann. Sec. 50-3-8 and 50-3-9]
Kentucky
The State of Kentucky makes it a Class A misdemeanor for anyone to desecrate the U.S. flag, the Kentucky state flag or any other patriotic or religious symbol. [Ky. Rev. Stat. Ann. Sec. 525.110]
Montana
The State of Montana imposes a fine of up to $50,000 and a jail term up to 10 years on anyone convicted of mutilating, defiling or showing contempt for the U.S. flag or the Montana state flag. The law also forbids the use of such flags for advertising or publicity purposes. [Mont. Code Ann. Sec. 45-8-215]
New Jersey
The State of New Jersey prohibits anyone from desecrating any public monument or symbol, including the U.S. or any state flag. [ N.J. Stat. Ann. Sec. 2C:33-9]
New York
The State of New York makes it a misdemeanor for anyone to use the U.S. flag for advertising or publicity purposes. [N.Y. Gen. Bus. Law Sec. 136]
Oklahoma
The State of Oklahoma imposes a fine up to $3,000 and a jail term up to three years for anyone who contemptuously or maliciously burns, mutilates, defaces or tramples upon the U.S. flag. The law forbids the public display of any red flag or other banner indicating disloyalty to the U.S. Government or promoting a belief in anarchy or the destruction of organized government. The law also forbids the use of the U.S. flag for advertising or publicity purposes. [Okla. Stat. tit. 9, Sec. 21-371 through 21-375]
South Dakota
The State of South Dakota makes it a Class 1 misdemeanor for anyone to knowingly mutilate, deface, burn or trample upon the U.S. flag or the South Dakota state flag. The law also forbids the use of such flags for advertising or publicity purposes. The law also bans the display of red, black or any other flags antagonistic to existing government. [S.D. Codified Laws Sec. 22-9-1 through 22-9-13]
West Virginia
The State of West Virginia imposes a fine of between $5 and $100 and a jail term up to 30 days on anyone convicted of publicly mutilating, defacing, defiling or trampling upon the U.S. flag or the West Virginia state flag. The law also forbids the use of such flags for advertising or publicity purposes. [W. Va. Code Sec. 61-1-8]
Wisconsin
The Wisconsin Supreme Court struck down the state’s flag-desecration law in 1998 as unconstitutionally overbroad. The case was Wisconsin v. Jansen, 580 N.W.2d 260, 219 Wis.2d 362 (Wis. 1998). Subsequent attempts by the state Legislature to redraft the statute have not succeeded.
Wyoming and Alaska are the only remaining states without a law against desecrating the American flag. Wyoming does have a clause in its state flag code that declares “all penalties provided by the laws of this state for the misuse of the national flag are applicable to the state flag,” but no such penalties seem to exist.