Massachusetts: It is a crime if anyone "publicly burns or otherwise mutilates, tramples upon, defaces or treats contemptuously the flag of the United States or of Massachusetts." It doesn't matter if the flag is "public or private property" or just a representation of a flag. It's also a crime to use these flags for advertisements.
For the purposes of this law, a flag is defined as "any flag which has been designated by Act or Resolution of the Congress of the United States as the national emblem, whether or not such designation is currently in force." This suggests that it's as much a crime to burn a flag with a circle of 13 stars as it is to burn a current, standard flag with 50 stars.
Penalty: Imprisonment for up to one year and a fine of at least $100.
Source: 264:5
Analysis:
Like other states, the Massachusetts law against flag "misuse" includes a provision for treating the national flag "contemptuously," something that requires a person to send a message of contempt to others in a public manner. This means that the Massachusetts law is ultimately a ban on sending certain messages than it is a ban on certain actions.
More:
- Overview of State Laws on Flag Abuse, Burning, Desecration
- Index of State Laws on Flag Abuse, Burning, Desecration
