Louisiana: Flag "desecration" is a crime which covers any "flag, shield, standard, color or ensign of the United States, the State of Louisiana, or the Confederate States of America." It outlaws putting "any word, mark, design or advertisement of any nature upon any flag" makes it a crime for anyone to "publicly mutilate, defile, or by word or act cast contempt upon any flag." In both cases, it must be done "intentionally" and "for exhibition or display."
Exceptions are made for depicting "a flag upon any document, stationery, ornament, picture, or jewelry, with no design or words thereon and disconnected with any advertisement." A "flag" is any "duly authorized flag, shield, standard, color or ensign of the United States, the State of Louisiana, or the Confederate States of America, or any copy thereof."
Penalty: Imprisonment for up to 90 days and fines up to $100.
Analysis:
Louisiana is one of the few states to give Confederate flags the same protections accorded to national and state flags. This means that anyone who "mutilates" a Confederate flag, perhaps to protest slavery and racism, would be guilty of the same crime as someone who "mutilates" an American flag in order to protest the Vietnam war or something else.
Two crucial provisions of this law are that it's a crime to "cast contempt" on the protected flags and that this can be done not just by act but also "by word." Both of these provisions make it clear that the crime ultimately lies in the message being communicated, not in any physical action.
More:
- Overview of State Laws on Flag Abuse, Burning, Desecration
- Index of State Laws on Flag Abuse, Burning, Desecration
