Criminalizing Dissent Is Not Patriotism
Posted by Anastasia Wilford · April 14, 2025
HB 4247 proposes to increase the criminal penalty for flag desecration from a Class A misdemeanor to a state jail felony. This bill seeks to impose harsher punishment on individuals for acts of symbolic expression, even if those acts are offensive to some. Such measures represent a dangerous escalation in state power over personal conscience and political speech.
Freedom of Expression Includes Unpopular Acts
The Libertarian Party of Texas (LPTexas) strongly defends freedom of speech, including symbolic acts such as flag desecration (Platform § I.1.a). We hold that the government must not restrict or criminalize peaceful expression—even when it is controversial or offensive—because doing so undermines the very liberty that the flag is said to represent.
Speech Should Not Be a Felony
Making flag desecration a felony is a gross misuse of the criminal justice system to enforce moral or patriotic conformity. LPTexas opposes all “Vice and Morality Based Laws” that punish actions between consenting individuals that do not violate the rights of others (Platform § I.6.d). Destroying one’s own flag in protest is an expression of political opinion, not a criminal act worthy of incarceration.
The Role of Government Is to Protect Rights—Not Symbols
The proper function of government is to protect the rights of individuals—not symbols, ideas, or emotional sentiments (Platform § Statement of Principles). Elevating symbolic acts to felony crimes invites broader restrictions on political dissent and undermines core constitutional freedoms.
Conclusion
The Libertarian Party of Texas opposes HB 4247 as an unconstitutional and authoritarian attempt to criminalize expression. We stand firmly against the use of state force to punish symbolic speech, however unpopular. Patriotism must be voluntary and heartfelt—not compelled through coercion. We urge lawmakers to reject HB 4247 and defend the right of every Texan to speak freely.