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 are 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 flag.

Contents
1 Forms
2 Third Crusade
3 Australia
4 Hong Kong
5 Ireland
6 New Zealand
7 The United Kingdom
8 The United States
9 See also
10 Notes
11 External links

Forms

Flags can be destroyed by burning or ripping. They can also be defaced, such as with slogans, feces, or dirt. 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. Finally, flags may be "disrespected", for example by casting scorn upon it, refusing to salute it, and so forth.

Such actions are undertaken for a variety of reasons:

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..

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" Vienna, where he was recognized (supposedly because of his signet ring) and was arrested. For some time the Lionheart imprisoned in Dürnstein, and was then brought before Emperor Henry VI. The immense ransom, supposedly six thousand buckets of silver, 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 the 2000s; she was not charged. In 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.

Hong Kong

In 1999 Ng Kung Siu and Lee Kin Yun were convicted for desecration of the regional flag of Hong Kong (HKSAR v. Ng Kung Siu and Another [2]). Desecration of the regional flag and the national flag of the PRC is illegal according to local laws, as required by the Basic Law - Hong Kong's constitution.

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.

New Zealand

Paul Hopkinson, a Porirua schoolteacher, burned the Flag of New Zealand in 2003; he was charged with destroying a New Zealand flag with intent to dishonour it, but was found not guilty because flag burning was held to be a form of free speech protected under the New Zealand Bill of Rights Act. He was the first person charged under a 22-year-old New Zealand law banning the destruction of the flag. He did it again in July 2004 and was arrested again under another law, but charges were dropped following legal advice that, as flag-burning had been held as free speech this would apply to all other laws also.

The United Kingdom

English and Scotish law does not have any concept of "flag desecration". However laws in Northern Ireland have varied since the founding of the province 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. According to Chris Ryder the Flags and Emblems Act of 1954 of the Northern Ireland Parliament until its repeal in the 1980s: "outlawed the display of a flag likely to cause a breach of the peace - clearly the Irish tricolour - and made it an offence to interfere with the display of the Union flag."Queen's Colours and Regimental Colours are a very important symbol for a British Army regiment and many regiments in the Commonwealth. In a line regiment the colours are two flags and and desecration of such a symbol would be a considered a great insult to the regiment by members of a regiment. 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. Example of which are: Sergeant Ewart's capture of the French 45th Ligne eagle 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 faild attempt to save the Queen's Colour at the Battle of Isandlwana and for which they 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.

Defacing a flag is an act of protected speech under the First Amendment to the United States Constitution, as established in the 1989 case Texas v. Johnson, and reaffirmed in 1990 in United States v. Eichman. Since that time, several "flag burning" amendments to the Constitution have been proposed, but none have passed Congress. On June 22, 2005, a flag burning amendment cleared the House and is waiting for approval in the Senate. If the Senate passes it, it will be passed on to the states to be ratifed.

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 traditionalists that 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".

See also

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

External links

See also: Flag desecration, 1989, 1990, 2000, 2003, 2004, 2005, 6 June