Despite the First Amendment protection, these protections do not give you the right to break other laws. If you burn a flag on a public street, you could face charges for issues like:
- Arson: Intentionally setting a fire in a public place could be considered arson.
- Inciting a riot: Authorities may argue that the act is intended to provoke imminent lawless action, which is not a protected form of speech.
- Destruction of property: If you burn a flag that doesn't belong to you, you could be charged with destruction of property or vandalism.
- Violating fire codes or safety ordinances: Many cities and jurisdictions have laws prohibiting open fires in public spaces to ensure safety.
The bottom line
It is legal to burn a flag as a form of protest in the United States, but doing so on a public street is very likely to put you in conflict with other laws and regulations concerning public safety and property. While you cannot be prosecuted solely for desecrating the flag, you can be arrested and charged for breaking content-neutral laws related to fire or public disturbances.