[Rajoo]

It's far from the first time that the legality of flag desecration has come to the forefront. Individual states began passing flag-protection laws in the 1800s, with the first comprehensive federal law taking effect during the Vietnam Era. A pair of Supreme Court cases ruled that flag-burning was protected by the First Amendment (with conservative stalwart Antonin Scalia siding with the majority in both decisions).

Still, attempts have been made to draft bills that would meet with the Supreme Court's approval. In 2005, with flag burners protesting the Iraq War, the Flag Protection Act of 2005 would have criminalized burning flags if the primary intent was "to incite or produce imminent violence or a breach of the peace." (Mellow, laid-back flag-burnings would still be OK, apparently.) Who backed such a bill? Funny story, one of the co-sponsors was New York Senator Hillary Clinton. The proposed penalty was ... wait for it ... up to a year in prison, and up to a $100,000 fine. The bill was introduced, but never passed.

http://www.usatoday.com/story/nlette...-war/94653592/