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Flag Burning in YN

A place to put national factbooks, embassy exchanges, and other information regarding the nations of the world. [In character]

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Transmaura
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Posts: 91
Founded: Oct 02, 2018
Ex-Nation

Postby Transmaura » Mon Aug 24, 2020 3:09 pm

Burning the Royal banner and the National flag can be punished from 2 to 5 year prison sentence.

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Kalifer and Baska
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Posts: 75
Founded: Dec 01, 2016
Ex-Nation

Postby Kalifer and Baska » Mon Aug 24, 2020 3:15 pm

Burning the Kalifari flag is legal in Kalifer and Baska unless you directly cause harm to a person or building.
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Albegas
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Founded: Aug 29, 2020
Ex-Nation

Postby Albegas » Mon Aug 31, 2020 10:16 am

Yes, burning the flag of Albegas, or the flags of any of its colonies and territories, is illegal

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Sanghyeok
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Posts: 5035
Founded: Dec 29, 2016
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Postby Sanghyeok » Mon Aug 31, 2020 10:17 am

Flag burning is not recommended but allowed. Burning the likeness of Chairwoman Oomiya, is, however prohibited. Burning of foreign flags is illegal.
Last edited by Sanghyeok on Mon Aug 31, 2020 10:18 am, edited 1 time in total.
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Whitemore
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Posts: 385
Founded: Jul 22, 2020
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Postby Whitemore » Mon Aug 31, 2020 10:22 am

You can be arrested for burning any type of State Symbol, flag or not. Symbol Burning is seen as unpatriotic and as a terrorist act by the Imperial Administration, it was made illegal shortly after fleeing the Sol System due to an Alien Invasion that nearly wiped out Humanity. After you've been arrested you're sent to the "fun worlds" where all the excitement happens.
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Alzatia
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Posts: 213
Founded: Feb 16, 2020
Inoffensive Centrist Democracy

Postby Alzatia » Wed Dec 30, 2020 4:12 pm

A colored piece of cloth doesn't get any special treatment in Alzatian law. However, if you burn a flag that belongs to somebody else, you'll have to compensate them for the cost of the destroyed property. In addition, if the act of flag desecration is intended to incite a riot or rebellion (like if you do it in front of a large crowd on the Princess's birthday), you could be seized and interrogated by Royal Guards.
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Posts before 2021 aren't canon.

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Aequalitatis ac Libertatis
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Founded: Jun 13, 2020
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Postby Aequalitatis ac Libertatis » Wed Dec 30, 2020 4:18 pm

Depends on the intent.

If it's a form of expressing disagreement with the government, it is legally protected and even encouraged, dissent is the highest form of patriotism.

If it's a "screw you" to the people, history, culture, values, etc of the nation, you're either getting reeducated or paid to go to another nation.
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Jershaland
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Founded: Dec 30, 2020
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Postby Jershaland » Wed Dec 30, 2020 4:34 pm

Illegal. Disunity and disloyalty are considered the most major "sins" in Jershaland, and because of that any act that could bring discord or disunity is discouraged or illegal.
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Bahia Roja
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Founded: Dec 28, 2020
Ex-Nation

Postby Bahia Roja » Wed Dec 30, 2020 5:09 pm

Not illegal. It's a piece of cloth and everybody may express disagreement and protest by any means they consider necessary as long as they don't harm anybody.
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Salzcovia
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Founded: Nov 12, 2020
Inoffensive Centrist Democracy

Postby Salzcovia » Wed Dec 30, 2020 5:11 pm

It is not illegal, but is a little bit disrespectful.
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Disgraces
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Founded: Apr 07, 2020
Corporate Bordello

Postby Disgraces » Wed Dec 30, 2020 5:16 pm

Flag burning is punishable with death.
The nation that represents my views is Tidaton

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Diarcesia
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Founded: Aug 21, 2016
Scandinavian Liberal Paradise

Postby Diarcesia » Wed Dec 30, 2020 7:39 pm

Burning the flag of Diarcesia is not illegal.

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Tsarus
Spokesperson
 
Posts: 122
Founded: Dec 26, 2016
Psychotic Dictatorship

Postby Tsarus » Wed Dec 30, 2020 7:41 pm

Flag burning is LEGAL in the United Districts of Tsarus as part of the Free Speech doctrine and Militancy doctrine.
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GermanNationalRepublic
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Founded: Dec 30, 2020
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Postby GermanNationalRepublic » Wed Dec 30, 2020 7:43 pm

It is illegal, doing so will result in hanging.
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Federal Remnants
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Founded: Jul 28, 2020
Ex-Nation

Postby Federal Remnants » Wed Dec 30, 2020 7:43 pm

If you burn the flag in the Federal Remnants, you'll likely be shot on sight. So, death penalty enforced for flag burning, illegal.
Last edited by Federal Remnants on Wed Dec 30, 2020 7:43 pm, edited 1 time in total.
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Cayucas
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Founded: Nov 19, 2020
Ex-Nation

Postby Cayucas » Thu Dec 31, 2020 1:00 am

The act of flag burning is passionately protected*.

The flag is a powerful symbol of the nation, and burning it in protest is an equally powerful statement of dissent. Despite arguments that such a statement is distasteful, the right to flag burn has been protected time and time again in the name of free expression. Whether it's the national flag or another country's flag, the act is protected under the constitution's provisions that protect free expression. Free expression is one of the rights protected by the constitution's rights article, the Foundational Rights. Performances are among the realms that these provisions explicitly define.


However, A flag burning, and acts pertaining to the Foundational Rights in general, may be infringed upon or considered illegal under narrow circumstances.

Concerns of security is the most straightforward exemption. If the Government has sufficient concern that an action may render bodily harm on someone within a foreseeable future, especially if evidence is present to support the case, the Government is obligated to persecute the actor. The security exemption generally trumps all others. "Legitimate Intent" is the next more concrete exemption. If the Government has sufficient concern or evidence that an action maliciously encroaches on someone else, the Government is obligated to persecute. "Heinous Obscenity" is a mildly ambiguous exemption. It grants the Government the right to impede, limit, or outright ban actions that a significant portion of the population would consider exceedingly inappropriate in public circumstances. This generally applies to expression and is less for silencing dissent and more for public wellbeing in the media. Even then, limits or bans are hotly contested when they arise. The last explicitly outlined exemption is "Degree of Importance." The Degree exemption is notably infamous for its ambiguity, having only really fleshed itself out by judicial precedence. In a nutshell, actions are treated differently based on who is targeted and where its occurring. Generally speaking, the further away an action is from political, the more likely it is to be occasionally exempt from protection. Commercial action is generally cited as the least likely to be protected under the Foundational Rights.

So legally speaking, there are in fact some niche examples where the Foundational Rights are not a valid defense, such as:

  • The defendant burns a collection of flags inside a relatively small building, putting its inhabitants in danger of smoke inhalation "despite the defendant's sincerest efforts." (Hafner vs. New Amsterdam, 1892)
  • The defendant takes down the flags of a village and burns them in the village square, claiming to protest their prevalence. (Mulligan vs. Sanden, 1945)
  • The defendant burns an obscenely racist caricature effigy that is wearing a Cayucan flag as a cape, claiming the flag makes it a political protest. (Triggs vs. Hanrock, 1859)
  • The defendant burns a mass of flags in front of their car lot, claiming it's a publicity stunt to attract customers to their "Straw Burn Sale" (Lucassen vs. Camlow, 1976)


All that legalese said, none of this addresses the fact that so long as it doesn't infringe on the actor's rights, nothing is stopping businesses or people from jeering those that practice flag burning. Even still, none of this considers the simple problem that plagues Cayucan flags: fire safety regulations make burning domestic flags particularly tricky. The uninitiated that try to burn a standard issue flag often become laughing stocks for their futile attempts. There's a niche market found in purpose-built "Burning Flags" that wax and wane with periods of civil protest.
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Nalver And
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Posts: 150
Founded: Oct 08, 2020
Civil Rights Lovefest

Postby Nalver And » Thu Dec 31, 2020 1:08 am

well, generally they can burn our flag because its their right to public protest
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Socialist States of Ludistan
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Founded: Apr 21, 2020
Iron Fist Consumerists

Postby Socialist States of Ludistan » Thu Dec 31, 2020 1:19 am

As long as it doesn’t do any damage to anything other than the flag (Obviously), it’s legal.
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Pomeron
Bureaucrat
 
Posts: 41
Founded: Apr 04, 2020
Left-wing Utopia

Postby Pomeron » Thu Dec 31, 2020 1:25 am

It is not illegal to burn the flag in Pomeron. In fact it is often done by indigenous peoples at protests and rallies.

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Great Nortend
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Posts: 1562
Founded: Jul 08, 2017
Iron Fist Consumerists

Postby Great Nortend » Thu Dec 31, 2020 4:40 am

Destroying or damaging the Great Cross of the Realm or depictions thereof in an offensive manner is a felony. This includes burning as an act of protest.
News from Great Nortend : https://forum.nationstates.net/viewtopic.php?f=23&t=417866
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This nation is an exaggerated representation of my personal views in most areas.

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The Black State of the Levant
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Posts: 7
Founded: Dec 30, 2020
Ex-Nation

Postby The Black State of the Levant » Thu Dec 31, 2020 9:45 am

Burning of other flags? Encouraged.

Burning of our flag? Immediate bullet to the head.

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Champagne Socialist Sharifistan
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Posts: 4471
Founded: Dec 08, 2019
Ex-Nation

Postby Champagne Socialist Sharifistan » Fri Jan 01, 2021 8:11 am

Is the act of burning the national flag illegal in your nation?

Yes.
If it is, what kind of punishments are there for it?

In theory compulsory military training, in practice it’s likely the criminal would be beaten up or lynched.
A nation which partly represents my views.
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Fizzopolis
Political Columnist
 
Posts: 2
Founded: Apr 08, 2020
Scandinavian Liberal Paradise

Postby Fizzopolis » Fri Jan 01, 2021 8:14 am

Perfectly legal, although relatively uncommon.

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Ideal Britain
Minister
 
Posts: 2204
Founded: Mar 31, 2020
Ex-Nation

Postby Ideal Britain » Fri Jan 01, 2021 8:14 am

Flag burning is legal in private including a private gathering. In public it’s illegal and punishable by an unlimited fine.
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Year: 2021

British mixed-race (white and South Asian) Muslim Pashtun, advocate of Islamic unity.

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