07/09/2026
While it's an act I find contemptible, the US supreme court has dealt with this question in Texas v Johnson and reached the opposite conclusion.
Burning a flag is obviously capable of communicating a political message. You don't have to like the message for it to be speech. In fact, free speech matters most precisely when you despise the message being expressed.
Justice Brennan “If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”
I love the Australian flag. I think burning it is disgusting. But that's exactly why defending someone's right to burn it means something.
If we only protect expression we approve of, we don't have freedom of speech. We have government-approved speech.
“We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents.”
You’re not exercising free speech when you burn a flag.