II 

112TH CONGRESS 

2D SESSION S. 3296 

To provide for the protection of the flag of the United States, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 14, 2012 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide for the protection of the flag of the United 

States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Flag Protection Act 

5 of 2012’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the flag of the United States is a unique 

9 symbol of national unity and represents the values 

10 of liberty, justice, and equality that make this NaVerDate Mar 15 2010 23:22 Jun 14, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3296.IS S3296

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•S 3296 IS

1 tion an example of freedom unmatched throughout 

2 the world; 

3 (2) the Bill of Rights is a guarantee of those 

4 freedoms and should not be amended in a manner 

5 that could be interpreted to restrict freedom, a 

6 course that is regularly resorted to by authoritarian 

7 governments which fear freedom and not by free and 

8 democratic nations; 

9 (3) abuse of the flag of the United States 

10 causes more than pain and distress to the over11 whelming majority of the American people and may 

12 amount to fighting words or a direct threat to the 

13 physical and emotional well-being of individuals at 

14 whom the threat is targeted; and 

15 (4) destruction of the flag of the United States 

16 can be intended to incite a violent response rather 

17 than make a political statement and such conduct is 

18 outside the protections afforded by the first amend19 ment to the Constitution. 

20 (b) PURPOSE.—The purpose of this Act is to provide 

21 the maximum protection against the use of the flag of the 

22 United States to promote violence while respecting the lib23 erties that it symbolizes. 


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1 SEC. 3. PROTECTION OF THE FLAG OF THE UNITED STATES 

2 AGAINST USE FOR PROMOTING VIOLENCE. 

3 (a) IN GENERAL.—Section 700 of title 18, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 700. Incitement; damage or destruction of property 

6 involving the flag of the United States 

7 ‘‘(a) DEFINITION OF FLAG OF THE UNITED

8 STATES.—In this section, the term ‘flag of the United 

9 States’ means any flag of the United States, or any part 

10 thereof, made of any substance, in any size, in a form that 

11 is commonly displayed as a flag and that would be taken 

12 to be a flag by the reasonable observer. 

13 ‘‘(b) ACTIONS PROMOTING VIOLENCE.—Any person 

14 who destroys or damages a flag of the United States with 

15 the primary purpose and intent to incite or produce immi16 nent violence or a breach of the peace, and under cir17 cumstances in which the person knows that it is reason18 ably likely to produce imminent violence or a breach of 

19 the peace, shall be fined not more than $100,000, impris20 oned not more than 1 year, or both. 

21 ‘‘(c) FLAG BURNING.—Any person who shall inten22 tionally threaten or intimidate any person or group of per23 sons by burning, or causing to be burned, a flag of the 

24 United States shall be fined not more than $100,000, im25 prisoned for not more than 1 year, or both. 


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1 ‘‘(d) DAMAGING A FLAG BELONGING TO THE

2 UNITED STATES.—Any person who steals or knowingly 

3 converts to his or her use, or to the use of another, a flag 

4 of the United States belonging to the United States, and 

5 who intentionally destroys or damages that flag, shall be 

6 fined not more than $250,000, imprisoned not more than 

7 2 years, or both. 

8 ‘‘(e) DAMAGING A FLAG OF ANOTHER ON FEDERAL

9 LAND.—Any person who, within any lands reserved for 

10 the use of the United States, or under the exclusive or 

11 concurrent jurisdiction of the United States, steals or 

12 knowingly converts to his or her use, or to the use of an13 other, a flag of the United States belonging to another 

14 person, and who intentionally destroys or damages that 

15 flag, shall be fined not more than $250,000, imprisoned 

16 not more than 2 years, or both. 

17 ‘‘(f) CONSTRUCTION.—Nothing in this section shall 

18 be construed to indicate an intent on the part of Congress 

19 to deprive any State, territory, or possession of the United 

20 States, or the Commonwealth of Puerto Rico of jurisdic21 tion over any offense over which it would have jurisdiction 

22 in the absence of this section.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The chapter analysis for chapter 33 of title 18, United 


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1 States Code, is amended by striking the item relating to 

2 section 700 and inserting the following: 

‘‘700. Incitement; damage or destruction of property involving the flag of the 

United States.’’. 

3 SEC. 4. SEVERABILITY. 

4 If any provision of this Act, or the application of such 

5 a provision to any person or circumstance, is held to be 

6 unconstitutional, the remainder of the Act, and the appli7 cation of this Act to any other person or circumstance, 

8 shall not be affected by such holding. 

Æ 


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