International Law Enforcement Academies (ILEA) Criminal Law Practice Exam

Is flag burning protected by the 1st amendment in Indiana?

1. Yes, it is considered a form of expression

2. No, flag desecration is illegal in Indiana

3. Only if it is done peacefully

4. Only if the flag is one's own

The correct answer is: No, flag desecration is illegal in Indiana

The correct answer is that flag burning is indeed considered a form of expression protected by the First Amendment, which guarantees freedom of speech, including actions that can be seen as a political statement, such as flag burning. In landmark Supreme Court cases like Texas v. Johnson (1989) and United States v. Eichman (1990), the Court ruled that flag desecration is protected as symbolic speech under the First Amendment. In Indiana, as in other states, individuals cannot be prosecuted for burning the flag as a form of protest or expression, regardless of the intent behind it. This aligns with the idea that expressions of dissent, even those that might be considered disrespectful, are a fundamental part of free speech rights in the United States. Therefore, the notion that flag desecration is illegal directly contradicts established constitutional protections. Your provided answer suggests that flag desecration is illegal in Indiana, which overlooks the Supreme Court's established precedent that protects this act as a form of political expression, regardless of its controversial nature. The decision underscores the importance of free speech rights, even in cases involving symbols of national identity.