Flag desecration

Flag desecration is a blanket term applied to various ways of intentionally defacing or dishonoring a flag, most often a national flag (though other flags may be defaced as well). Often, such action is intended to make a political point against a country or its policies.

Some countries have laws forbidding methods of defacement (such as burning) or forbidding particular uses considered improper (such as use for commercial purposes). Often such laws only apply to the country's own national flag.

Forms

Flags can be destroyed by burning or ripping. They can also be defaced, such as with slogans, faeces, or dirt, and sometimes protesters can shout to the flags discriminatory phrases. More generally, flags can be treated disrespectfully, being walked upon, spat upon, or dragged through the dirt. Flags may simply be used improperly: such as being hung upside down or reversed (however this can also be protocol to indicate a problem). Finally, flags may be "disrespected", for example by casting scorn upon it, refusing to salute it, and so forth. Toilet paper, doormats, and other such items may also be manufactured bearing the image of a flag upon it, with the intention that the flag will thereby be desecrated in the course of everyday activities.

Such actions are undertaken for a variety of reasons:

• Protest against a country's foreign policy.
• Distancing oneself from the foreign policy of one's home country.
• Hatred against the inhabitants of a country, which may be linked to xenophobia or racism.
• Protest at the very laws prohibiting the actions in question.
• Religious, moral, or personal objections to exalting symbols or icons.
• Protest against nationalism.

Flags may also be burnt, in some cultures, as a respectful way of disposing of a flag that is no longer of use, or has been worn out or defaced. In such cultures, this is not considered defacement or desecration of the flag.

Some judge the burning of the flag of their own country as illustrative of the impotence of the burners and an act of marginal significance.

Third Crusade

During the Third Crusade:

Duke Leopold of Austria planted his banner by the side of the standards belonging to the Kings of France and England. For a brief while it stood there in triumph, but then some of King Richard’s soldiers tore it down and threw it into a ditch. Leopold was naturally offended. A few days later, having tried in vain to obtain satisfaction, he left Acre and returned to Austria. ^[1]

This insulting act would cost Richard the Lionheart and England dearly. On the journey back to England in 1192, Richard had to stop in Vienna, where he was recognized (supposedly because of his signet ring) and was arrested. For some time the Lionheart was imprisoned in Dürnstein, and was then brought before Emperor Henry VI. The immense ransom, thirty-four tons of gold, became the foundation for the mint in Vienna, and was used to build new city walls for Vienna, as well as to build Wiener Neustadt. However, the duke was excommunicated by Pope Celestine III for having taken a fellow crusader prisoner.

Australia

Elizabeth O'Shea, an Australian student, burned the Flag of Australia in 2002; she was not charged. In May 2002, several prominent politicians advocated the banning of desecrating the flag, but were rejected by the Prime Minister. See the Flag of Australia article for details.

Canada

In 1990, the Quebec provincial flag was desecrated by residents of Brockville, Ontario opposed to Quebec's language laws. Televised images of individuals stepping on the Quebec flag were played in Quebec and contributed to the deterioration in relations between Quebec and English Canada. The incident is still invoked by Quebec nationalists.

Denmark

It is illegal in Denmark, under section 110 (e) of the Danish penal code, to desecrate the flags or national symbols of foreign nations, while legal to burn the Dannebrog, Denmark's national flag. The Folketing's reasoning is as follows: the burning of foreign flags falls into the realm of foreign policy, as the burning of another country's flag could be understood as a threat to that country. The burning of the Dannebrog, on the other hand, does not concern foreign countries, does not fall under foreign affairs, and so remains legal.

Finland

According to the Finnish flag law^[2] it is illegal to desecrate the flag, treat it in disrespecting manner or remove it from a public place without permission.

Hong Kong

In 1999 Ng Kung Siu and Lee Kin Yun were convicted for desecration of the regional flag of Hong Kong They were found guilty by a magistrate, had the conviction over turned in the High Court [3] but the convictions were restored by the Court of Final Appeal. [4] They were bound over to keep the peace on his own recognisance of $2,000 for 12 months for each of the two charges.

In the judgement, Chief Justice Andrew Li said although the Basic Law of Hong Kong guarantees freedom of speech, flag desecration is not legal because there are other protest methods.

Iraq and Iran

In 2004 many copies of the proposed new flag for Iraq were burnt (see Flag of Iraq). There have also been cases in both countries of Israeli and American flags being burnt although no such examples of burning the national flags, even by political opponents, as both contain the words Allahu Akbar and so would be seen as a religious insult. Interestingly, Iraq launched numerous missile attacks on Israel during the Gulf War, but not a single Iraqi flag was burned by the Israelis.

Ireland

In Ireland, any perceived slight to the national flag is often taken very seriously, no matter how minor. For example, during the 2002 Football World Cup, the Guinness beverage company were reprimanded by the Irish Government for selling the Irish Tricolour with a Guinness logo in the centre of the flag. In Northern Ireland, republican paramilitaries fly the Irish tricolour, while loyalist paramilitaries fly the (British) Union Jack, as well as various paramilitary and other unofficial flags in summer months.

New Zealand

In 2003, Paul Hopkinson, a Wellington schoolteacher, burned the Flag of New Zealand as part of a protest in Parliament grounds at the New Zealand Government’s hosting of the Prime Minister of Australia against the background of Australia’s support of the United States in its war against Iraq; he was initially convicted of destroying a New Zealand flag with intent to dishonor it, but appealed against his conviction. On appeal, his conviction was overturned on the grounds that the law had to be read consistently with the right to freedom of expression under the New Zealand Bill of Rights Act. This meant that his actions were not unlawful because they were done in the context of a protest; however, outside of a protest, the same actions would still have been illegal. This somewhat unusual result was due in part to the fact that the New Zealand Bill of Rights Act does not overrule other laws. Hopkinson was the first person charged under the 22-year-old Flags, Emblems and Names Protection Act. Shortly after his successful appeal, Hopkinson again burned a New Zealand flag and was arrested again, this time for disorderly conduct. This subsequent charge was later dropped following legal advice that, because of the appeal court's decision, Hopkinson's action would again have been justifiable as a form of free expression or free speech.

Panama

On January 9, 1964 a discussion broke out between Panamanian students and Americans living in the Panama Canal Zone over the right of the flag of Panama to be raised next to the flag of the United States, at this time a contended territory between these nations. During the scuffle a Panamanian flag carried by Panamanian students was torn. This sparked four days of riots that ended with 22 Panamanians and four Americans dead, and with Panama breaking diplomatic relations with the United States. This event is considered to be very important in the decision to negotiate and sign the Torrijos-Carter Treaties, that allowed that the Panama Canal administration was handed over to the Panamanian Government on December 31, 1999. January 9 is known as Martyrs' Day and it is commemorated in Panama as a day of mourning.

The United Kingdom

English and Scottish law does not have any concept of "flag desecration". However laws in Northern Ireland have varied since its foundation in 1921. The Union Flag of the United Kingdom and the tricolour of the Republic of Ireland are often defaced or burnt in Northern Ireland as a political provocation or as a protest. The Flags and Emblems Act of 1954 of the Northern Ireland Parliament effective until repeal in the 1980s made the display of a flag likely to cause a "breach of the peace" (in effect the Irish tricolour) an offence and made it an offence to interfere or threaten to interfere with the display of "a Union flag." More recently there has been controversy in Northern Ireland over which flags to fly over government buildings^[5].

The Queen's Colours and Regimental Colours are a very important symbol for a British Army regiment and for many regiments in the Commonwealth which have inherited the British Army's traditions. In a Line Regiment the Colour stand consists of these two flags and damage to such a symbol would be a considered a great insult to the regiment by its members. In the past when Colours were carried into battle, the seizure of an enemy Colour, or the defence of the Colours have ranked among any British regiment's finest moments. Examples include Sergeant Ewart's capture of the French 45th Ligne Eagle standard during the charge of the Scots Greys at the Battle of Waterloo; and the actions of Lieutenants Coghill and Melvill who were both killed in their failed attempt to save the Queen's Colour at the Battle of Isandlwana and for which they were awarded Victoria Crosses posthumously.

The United States

The Flag of the United States is often used in symbolic defacement, often in protest of the policies of the American government, both within the country and abroad.

In 1862, during the Union army's occupation of New Orleans in the American Civil War, the military governor, Benjamin Franklin Butler, sentenced a man to death for burning the U.S flag. Today, defacing a flag is an act of protected speech under the First Amendment to the United States Constitution, as established in Texas v. Johnson, 491 U.S. 397 (1989), and reaffirmed in U.S. v. Eichman, 496 U.S. 310 (1990).

After these decisions several "flag burning" amendments to the Constitution have been proposed. Any amendment to the US constitution must first be passed by congress and be ratified by a 75% super majority of 38 of the 50 states. On June 22, 2005, a flag burning amendment was passed by the House with the needed two thirds majority. The most recent attempt to pass a ban on flag burning has been rejected by the Senate in a close 66 in favor, 34 opposed, just one vote short of the two-thirds majority needed to send the amendment to be voted on by the states.

The United States Flag Code lists many guidelines for the use and display of the flag, many of which are largely ignored. For example:

• "No part of the flag should ever be used as a costume or athletic uniform"
• The flag "should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper".

This distresses some who feel the flag should be treated with the utmost respect.

The ritualized burning of the American flag is considered an appropriate way to dispose of a damaged or soiled flag. According to The Flag Burning Page, "the American Legion and Boy Scouts burn thousands of flags every year in respectful retirement ceremonies".

For more information on the proposed Constitutional amendment to forbid flag desecretion, see Flag Burning Amendment.

On 28th June 2006, the Congress narrowly defeated an amendment to the constitution that would have given congress the right to ban flag burning.

See also

• Civil religion
• Flag etiquette

Notes

1. ^ "Richard the Lionheart", by J. Gillingham, Weidenfeld and Nicholson, London, 1978, p.176.
2. ^ "The RUC: A Force Under Fire", by Chris Ryder, London: Mandarin, 1992, p. 82
3. ^ BBC: A motion calling for the Union Flag to be flown on Parliament Buildings every day the Northern Ireland Assembly meets has been defeated 6 June 2000
4. ^ Finnish flag law in finlex
   • Flagging concern: the controversy over flags and emblems by Robin Wilson, Democratic Dialogue July 2000
   • ".DOC" format: Flags Regulations

External links

• The Flag Burning Page
• USA Flag Burning Archive
• Congressional Research Service (CRS) Reports regarding the flag
• Flag-burning from your armchair, a flag-burning parody.
• Flag-Burning: a Detriment to the Oceanian Way, a satire by Alexander S. Peak
• Flags for your Burning Protest, an It's Just Satire, Folks! Production
• Flag amendment fails by one vote
• Flag Burning Video
• Flag Burning by Subversive Minds

http://www.americanfilms.com/play.cfm?clipid=355