Crucial Exams

Multistate Bar Examination Practice Question

A state statute makes it a crime to "treat contemptuously or knowingly destroy, deface, or burn a United States flag in a manner likely to offend others." During a political demonstration, Dale burns his privately owned American flag on the public sidewalk to protest government policies. He is arrested and charged under the statute. Which of the following best describes the constitutionality of the statute as applied to Dale's conduct?

  • The statute is constitutional because the state has a compelling interest in preserving the flag as a symbol of national unity.

  • The statute is constitutional because the state may prohibit destruction of the flag to prevent breaches of the peace.

  • The statute is unconstitutional because flag burning is expressive conduct protected by the First Amendment, and prohibiting it is a content-based restriction that cannot withstand strict scrutiny.

  • The statute is constitutional if Dale burned the flag on public property without first obtaining a permit.

Multistate Bar Examination
Constitutional Law
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