If I read this correctly, § 18.2-488 of the Virginia State Code makes burning the flag of the United States or of the Commonwealth of Virginia a class 1 misdemeanor, but only if you “burn with contempt”. Burning the flag while celebrating is still legal.
§ 18.2-488. Mutilating, defacing, etc.
No person shall publicly burn with contempt, mutilate, deface, defile, trample upon, or wear with intent to defile any such flag, standard, color, ensign or shield.
Then again, isn’t burning a form of “mutilate”?
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Just out of curiosity, and I don’t mean this rude at all, but why post this?
Isn’t the proper way to “retire” a flag by burning it? I think that’s why they add the “with contempt” part here.
Note that “with contempt” only modifies “burn.” Loving mutilation is still punishable under this Code section (though not under the First Amendment to the Constitution).
The “with contempt” part properly modifies only “burn,” i.e., mutilating, defacing, and the rest are illegal under all conditions, but burning is illegal only when done with contempt. And yes, that is because flags are burned when they are retired.
Yes to all–don’t know how that flew past me.
Johnathan Maxfield–well, after all that debate about a superfluous constitutional amendment…
There was even a debate?
Wow. I guess I have been under a rock as far as that goes…