(Thanks for the pin, mods!)
https://www.law.cornell.edu/uscode/text/4/8
4 U.S. Code § 8 - Respect for flag U.S. Code
No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.
(a)The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
(b)The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
(c)The flag should never be carried flat or horizontally, but always aloft and free.
(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker’s desk, draping the front of the platform, and for decoration in general.
(e)The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.
(f)The flag should never be used as a covering for a ceiling.
(g)The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
(h)The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
(i)The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
(j)No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.
(k)The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.
So with all of this in mind, how is burning the flag as a protest not a reason for arrest and fine, but considered free speech?
Because "free speech" does not mean "only things we like." Hate speech IS free speech, whether we like it or not.
Flag burning is not illegal - provided it's your own personal flag - because that is the price we pay to live in a truly free country.
The Supreme Court did rule that burning the U.S. flag is protected political speech. I mean, I don't like it but I understand why they had to rule that way.
https://constitutioncenter.org/blog/when-the-supreme-court-ruled-to-allow-american-flag-burning
I'm just a Canadian, so what do I know, but it seems to me like almost the entire flag code is unconstitutional due to freedom of speech. Is the flag code an actual law currently in effect? It sounds like guidelines rather than law.
Yes, I get that, but doesn’t that seem like a dichotomy? You can’t mistreat the flag, here is the flag etiquette, but it is okay to stomp on it, spit on it, put it on the pavement and set it on fire. But you set the BLM flag on fire and you are convicted for racism, hate speech, a hateful act.
Exactly.
Burning a flag is showing the most disrespect possible to the flag and is illegal under US code.