Because before you could deprive someone of liberty or even make them pay a fine, you would have to define exactly what constituted an American flag. A replica or facsimile would not do. It would have to be a legally identified 'flag'. In fact, it would probably have to be certified (by some agency of the federal government) that it was indeed an American flag. No Willy Nelson bandanas, no Evil Kenevil motorcycle leathers, no Wonder Women/Captain America costumes. In fact, to be legally valid, any statute that made flag desecration a crime would also have to ban using the flag for anything other than being displayed as a 'flag' since that could also be construed as a form of 'desecration' (by definition: "to treat disrespectfully, irreverently, or outrageously"). So there goes Willy and his bandanas, or any number of superheros who adorn themselves in the 'Stars & Strips'. No more 'flag' inspired bikinis or baseball caps.
OCU
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