Legal Question in Business Law in California
US Flag on toilet paper
Q1: Is it legal to have the US flag printed on sheets of toilet paper so that people can wipe on the image of the US flag? Q2: Is it legal to sell the US flag printed on sheets of toilet paper so that people can wipe on the image of the US flag within interstate commerce? Q3&4: Is it legal to import/export the US flag printed on sheets of toilet paper, from/or to the United States, for use in international commerce?
1 Answer from Attorneys
Re: US Flag on toilet paper
For now, all of the actions you describe are protected by the First Amendment to the United States Constitution and are therefore legal. Lots of asinine conduct is protected by that amendment, and many people (myself included) believe this is an acceptable consequence of having freedom of speech.
A proposed constitutional amendment against "desecrating" the flag would outlaw each of these actions when and if it is ratified. It is not clear whether the proposal will get past the Senate, let alone be ratified by the states. Such proposals are made almost every year, but there is more support for the idea this year than there has been in the past.
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