Flag Protection Act of 2005

Long title	Flag Protection Act of 2005
Announced in	the109th United States Congress
Sponsored by	Bob Bennett (R‑UT) Co-Sponsor:Hillary Clinton (D‑NY)
Number of co-sponsors	4
Legislative history
Introduced in the Senate asS.1911 byBob Bennett (R-Utah) andHillary Clinton (D-N.Y.) on October 24, 2005

TheFlag Protection Act of 2005 was a proposed United Statesfederal law introduced in theUnited States Senate at the109th United States Congress on October 24, 2005, by SenatorBob Bennett (R-Utah) and co-sponsored by SenatorHillary Clinton (D-N.Y.). Later co-sponsors includedBarbara Boxer (D-Calif.),Mark Pryor (D-Ark.) andThomas Carper (D-Del.).^[1]

The law would have prohibitedburning or otherwise destroying and damaging the US flag with the primary purpose of intimidation or inciting immediate violence or for the act of terrorism. It called for a punishment of no more than one year in prison and a fine of no more than $100,000; unless that flag was property of the United States Government, in which case the penalty would be a fine of not more than $250,000, not more than two years in prison, or both.^[1][2][3]

The nonpartisanCongressional Research Service summarized the act as follows:

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; (2) intentionally threatening or intimidating any person, or group of persons, by burning a U.S. flag; or (3) stealing or knowingly converting the use of a U.S. flag belonging to the United States, or belonging to another person on U.S. lands, and intentionally destroying or damaging that flag.^[1]

Although theSupreme Court ruled inTexas v. Johnson (1989) that flag-burning was protected by theFirst Amendment, the bill was intended, according toThe New York Times, to take the issue back to the Supreme Court, which was more conservative in 2005 than it was in 1989, in order to overturn that earlier decision.^[4] Since the law was not passed or even considered by theUnited States Congress, its constitutionality was never challenged in the Supreme Court.^[1]

• S.1911 - Flag Protection Act of 2005 onCongress.gov

• Flag controversies in the United States
• Proposed legislation of the 109th United States Congress

• Articles with short description
• Short description matches Wikidata