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HJRES4FEDERALin_committee
High Impact

H.J. Res. 4 proposes Constitutional amendment to allow Congress to ban flag desecration

Original title: Proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.

June 4, 2003

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Where This Stands

Introduced
Committee
Floor Vote
Passed

Currently in_committee. The next step in the legislative lifecycle is Floor Vote.

Last action
Received in the Senate and Read twice and referred to the Committee on the Judiciary.Jun 4, 2003

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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The Frame

What this does

This measure seeks to change the constitutional standard for free speech by creating a specific exception for the physical treatment of the American flag, which would grant Congress the power to criminalize acts currently protected under the First Amendment.

Who is mentioned in the record

Potentially affected actors named in the source documents. Mention is not a position.

Congress

The body would gain new legislative authority to regulate conduct regarding the American flag.

U.S. citizens

Citizens would be subject to potential new federal prohibitions on flag-related conduct if the amendment is ratified.

What changed

Current stage: in_committee.

What's next

Floor Vote.

Summary

This resolution proposes an amendment to the U.S. Constitution that would grant Congress the specific legal authority to prohibit the of the American flag. If passed by two-thirds of both houses of Congress and ratified by three-fourths of the states, it would override existing Supreme Court protections for flag burning as a form of free speech.

Why It Matters

This measure seeks to change the constitutional standard for free speech by creating a specific exception for the physical treatment of the American flag, which would grant Congress the power to criminalize acts currently protected under the First Amendment.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What does this resolution actually do?
It proposes changing the U.S. Constitution to give Congress the power to pass laws that make it illegal to physically desecrate the American flag.
Is this currently the law?
No. The Supreme Court has previously ruled that flag desecration is a form of protected speech under the First Amendment, meaning Congress cannot currently ban it.

News Coverage

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Discoveries

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift100% confidence

Constitutional override of Supreme Court precedent

The resolution explicitly seeks to grant Congress power that the Supreme Court has previously ruled is prohibited by the First Amendment.

Connected Entities

organizationCongressThe legislative body granted authority by the proposed amendment.Map →
organizationCommittee on the JudiciaryThe Senate committee currently reviewing the resolution.Map →

Analysis Score

0–100
  • Significance85
    How much this matters to a regular citizen
  • Controversy90
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz20
    Current news / social attention level

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