united-states
Is flag burning illegal in the USA?
<p>The following says:</p>

<blockquote>
  <p>Currently, flag burning is not illegal in the United States. The Supreme Court of the United States in its decision from 1969 has ruled that the burning of the flag is protected by the First Amendment. However, the person who burnt the flag can be found guilty of a misdemeanor for starting a fire without a permit.</p>
  
  <p><a href="http://thelawdictionary.org/article/is-flag-burning-illegal/" rel="nofollow noreferrer">http://thelawdictionary.org/article/is-flag-burning-illegal/</a></p>
</blockquote>

<p>But this law seems to say that it is illegal:</p>

<blockquote>
  <p>(a)
  (1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.</p>
  
  <p><a href="https://www.law.cornell.edu/uscode/text/18/700" rel="nofollow noreferrer">https://www.law.cornell.edu/uscode/text/18/700</a></p>
</blockquote>

<p>What is the right one?</p>

<p>18 U.S. Code § 700 was held to be unconstitutional in <a href="https://supreme.justia.com/cases/federal/us/491/397/case.html" rel="noreferrer">Texas v. Johnson, 491 U.S. 397 (1989)</a> and <a href="https://supreme.justia.com/cases/federal/us/496/310/case.html" rel="noreferrer">United States v. Eichman, 496 U.S. 310 (1990)</a>.</p>

<blockquote>
  <p>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. (Texas v Johnson)</p>
</blockquote>

<p><em>Mere</em> flag burning is not illegal and is protected by the First Amendment.</p>

<p>You may still be prosecuted for <em>other</em> crimes that happen <em>while</em> flag burning. For example, the flag may be somebody else's property.</p>

<blockquote>
  <p>The Seattle appellees were also charged with causing willful injury to federal property in violation of 18 U.S.C. §§ 1361 and 1362. This charge remains pending before the District Court, and nothing in today's decision affects the constitutionality of this prosecution. (US v Eichman)</p>
</blockquote>
