Japan Criminalizes Desecrating Its National Flag, Violators Face Stiff Prison Sentences

A nation’s flag is more than a simple logo. It is a symbol.

In a single image, a people provide for the world their history and values. What they hold dearly is boldly displayed and should be protected.

Japan’s government understands this, and they have passed a law against flag desecration carrying a heavy fine and possible prison sentence.

France24 reported Friday that anyone who removes, damages, or defaces the flag in a manner sparking revulsion to others can receive two years in prison or a 200,000 yen fine, equivalent to $1,200.

Japan reportedly already has laws on the books against desecrating foreign flags. Should they not provide protections for their own?

The flag, a red disc and white background, is said to have been used as early as 1870 for commercial ships, per ABC News.

Other flags, like the kyokujitsuki — a red disk with rays extending from it — are controversial given its use by the Japanese Empire during invasions of the Korean peninsula and China in the years prior to World War II and during the war itself.

According to the Associated Press, critics worry the law will become a draconian measure. Motohiro Hashimoto, a Chuo University constitutional law professor, commented that “punishing national flag vandals means a prohibition of criticism against the government.”

The government in question is that of Prime Minister Sanae Takaichi, known for being a more conservative presence in that office.

Worry also stems from supposed ambiguity over the law, but multiple sources say it grants exceptions. Exclusions from penalties include small flags used on food, and flags in art like manga, anime, paintings, and work created by artificial intelligence.

The United States has no such clarity when it comes to the Stars and Stripes.

In 1989, the Supreme Court ruled in Texas v. Johnson that flag desecration was protected speech under the First Amendment. That has set protections for burning, disrespecting, and making a complete mockery of one of our most cherished national symbols.

On Aug. 25, 2025, President Donald Trump moved towards a change with an executive order titled, “Prosecuting Burning the American Flag.”

That order reads, “Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to ‘fighting words’ is constitutionally protected.”

“My Administration will act to restore respect and sanctity to the American Flag and prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent permissible under any available authority.”

Effectively, the president was trying to find a workaround that could signal litigation.

The court was by no means firmly entrenched in their decision. Texas v. Johnson was a 5-4 ruling. In his dissent, Chief Justice William Rehnquist wrote about the status of the flag, noting its transcendent quality among the national ethos.

“The American flag, then, throughout more than 200 years of our history, has come to be the visible symbol embodying our Nation. It does not represent the views of any particular political party, and it does not represent any particular political philosophy,” he wrote.

“The flag is not simply another ‘idea’ or ‘point of view’ competing for recognition in the marketplace of ideas. Millions and millions of Americans regard it with an almost mystical reverence, regardless of what sort of social, political, or philosophical beliefs they may have.”

Similarly to how our Constitution and Declaration of Independence are not mere words on parchment, our flag is not simply shapes and lines of cloth. We must treat it accordingly.

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