According to the United States book of codes regarding the proper treatment of the flag of the United States, when a flag is in a condition where it is no longer fit for display, it should be destroyed in a dignified way, preferably by burning. If the codes for how to respect the flag state that it should preferably be destroyed by burning, then I do not believe that it would be appropriate to criminalize burning the flag. The flag is a piece of cloth, and just like any other piece of cloth, it should not matter what people decide to do with it.
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