It Should Be Legal To Burn A Rainbow Or BLM Flag In Public

Published on August 30, 2025, 8:03 pm
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In a free society, the right to express oneself — even in ways that may be considered offensive — is a cornerstone of liberty. The United States was founded on principles that enshrine the freedom of speech and expression in the First Amendment of the Constitution. While the Supreme Court has already ruled that burning the American flag is a protected act of free speech, the same legal and constitutional protection must logically extend to other flags, including the rainbow flag of the LGBTQ movement and the Black Lives Matter (BLM) flag.

This is not an argument about condoning or condemning particular ideologies. It is an argument about liberty, equal application of the law, and the preservation of free speech. If Americans are free to desecrate the very flag of the nation, then they must certainly be free to burn political or social movement banners in protest. Anything less is hypocrisy and a dangerous assault on free expression.

The Constitutional Principle

The First Amendment guarantees that “Congress shall make no law… abridging the freedom of speech.” The Supreme Court has consistently interpreted this protection broadly, allowing for symbolic speech as much as literal speech. In Texas v. Johnson (1989), the Court ruled that burning the American flag, as distasteful as it may be to most Americans, is a form of expressive conduct protected under the Constitution.

If the Constitution protects the destruction of the nation’s most sacred symbol, it must also protect the destruction of partisan or activist symbols. The rainbow flag and the BLM flag are not national emblems. They are political symbols, representing ideologies, movements, and agendas. Political expression — including opposition to those movements — is at the very heart of what the First Amendment was written to defend.

The Slippery Slope of Selective Protection

One of the most dangerous trends in American society today is the selective application of free speech rights. Increasingly, progressive activists and politicians have demanded that “hate speech” be restricted, that offensive symbols be banned, and that dissent against certain favored movements be criminalized.

If burning the American flag is permitted but burning a rainbow or BLM flag is criminalized, the government has crossed a line into viewpoint discrimination. This means that the law would be protecting only one side of the debate, granting privilege to some ideologies while silencing others. That is unconstitutional and un-American.

Free speech cannot be contingent upon whether the majority or a vocal minority finds it acceptable. Liberty means tolerating speech, expression, and protest that you may despise. Once the government starts carving out exceptions to speech protections, liberty is no longer secure.

Historical Parallels

Throughout American history, unpopular speech has always needed the most protection. The civil rights movement, the abolitionist movement, the Tea Party movement, and countless other moments in history were once branded as “offensive” or “dangerous.” If the government had restricted speech simply because it upset powerful interests, many of America’s greatest reforms and freedoms would never have come to pass.

Today, the rainbow flag and BLM flag are symbols of political and cultural movements. For some, they represent pride and justice. For others, they represent ideology, division, and radical agendas. Both perspectives must be legally valid. Just as people may choose to fly such flags proudly, others must have the right to reject and protest them — including through acts like flag burning.

The Hypocrisy of the Left

Progressives often claim to be defenders of free expression, yet in practice they demand censorship whenever their own symbols are challenged. They insist that burning the American flag is a form of protected speech but demand jail time for anyone who dares burn a rainbow or BLM flag. This double standard exposes the hypocrisy of the modern left.

The truth is simple: free speech is not about protecting the popular. It is about protecting the unpopular. If someone wants to burn a rainbow or BLM flag, they are not physically harming anyone. They are making a statement of political dissent — precisely what the First Amendment exists to protect.

The Role of Tolerance in a Free Nation

Tolerance is not about agreement. It is about respecting the right of others to express views, symbols, and actions even when you strongly oppose them. America has always been a nation of debate, disagreement, and dissent. Silencing one side of a political or cultural dispute is authoritarianism, not democracy.

Burning a rainbow or BLM flag may be offensive to some, but the true test of tolerance is whether society can accept that offense without resorting to censorship or criminalization. Freedom demands resilience, not fragility.

The Danger of “Protected Symbols”

Creating special categories of “protected symbols” that cannot be desecrated sets a dangerous precedent. Today it may be rainbow or BLM flags; tomorrow it could be the symbols of political parties, activist organizations, or even corporate brands. Such laws would effectively transform America into a nation where the government decides which ideologies are beyond criticism.

This is not only unconstitutional but also corrosive to the American way of life. The people, not the government, should decide which movements and symbols thrive. That decision must always remain subject to open debate and protest.

The Conservative Position

Conservatives consistently champion the Constitution, the rule of law, and the principle of equal treatment. The conservative view on flag burning — whether it is the American flag, the rainbow flag, or the BLM flag — is rooted in consistency. If the Supreme Court has already determined that the American flag, the most revered national symbol, may be burned as free expression, then no activist flag should be placed on a pedestal above it.

To allow otherwise would be to create a society where activist movements are treated as sacred, beyond criticism, while the very symbol of the nation is fair game for desecration. Conservatives reject this imbalance and insist upon true equality under the law.

Conclusion

Freedom is not always comfortable. It often means tolerating acts, words, and symbols that you find deeply offensive. But that is the price of liberty. To criminalize the burning of rainbow or BLM flags while permitting the burning of the American flag is not only hypocritical but also unconstitutional.

 

Featured image credit: DepositPhotos.com

Jonas Bronck is the pseudonym under which we publish and manage the content and operations of The Bronx Daily.™ | Bronx.com - the largest daily news publication in the borough of "the" Bronx with over 1.5 million annual readers. Publishing under the alias Jonas Bronck is our humble way of paying tribute to the person, whose name lives on in the name of our beloved borough.