Moments in U.S. History When the Flag Became Controversial

The American flag, meant to unite, often reflected the deep rifts that produced the Civil War. From 1861 to 1865, rival banners—the Stars and Stripes and the Confederate "Stars and Bars"—served as unmistakable emblems of political, economic, and social division. In the decades that followed, the Confederate flag evolved from a battlefield marker to a contested public symbol, especially when it appeared on state grounds and in political rallies. Those displays turned a regional emblem into a national controversy over memory, heritage, and white supremacy.

Schools, salutes, and a landmark ruling that reshaped free speech

Public schools became battlegrounds over the flag in the 20th century. The Supreme Court’s West Virginia State Board of Education v. Barnette decision, handed down on June 14, 1943, held that students could not be forced to salute the flag or recite the Pledge of Allegiance. That ruling reframed the flag not only as a symbol of unity, but as an object of individual conscience and constitutional protection, setting a precedent for later disputes over compelled displays and patriotic rituals.

Burning the flag, burning debate: how protest met the Court

Flag desecration became a flashpoint in modern free-speech jurisprudence. When Gregory Lee Johnson burned the American flag during the 1984 Republican National Convention in Dallas, it triggered a fierce political and legal backlash. The Supreme Court, in Texas v. Johnson (June 21, 1989), ruled that flag burning is protected symbolic speech under the First Amendment. Congress tried to override that decision with the Flag Protection Act, but the Court struck it down in United States v. Eichman (June 11, 1990). These rulings left lawmakers debating symbolic respect while reaffirming constitutional limits on restricting protest.

From Vietnam to Kent State: the flag amid war and mourning

The Vietnam War turned the flag into a symbol of both patriotism and protest. Draft cards burned, flags paraded upside down, and college campuses filled with clashes over U.S. policy. The Kent State shootings on May 4, 1970, when Ohio National Guardsmen killed four students during an antiwar demonstration, intensified the emotional stakes; national mourning, anger, and debate about the flag’s meaning all surged. For some, the flag was a rallying call for troops and veterans; for others, it had become bound up with contested government policies.

Race, memory, and the Confederate emblem resurfacing in modern times

Controversy over Confederate imagery persisted into the 21st century. The public display of Confederate flags at state capitols and monuments sparked renewed scrutiny after racially motivated violence. The June 17, 2015, mass shooting at Emanuel AME Church in Charleston, South Carolina, prompted widespread calls to remove the Confederate flag from the South Carolina State House; state officials took it down on July 10, 2015. Mississippi, which had flown a flag containing the Confederate emblem for more than a century, voted to retire that flag in 2020 and adopted a new state flag in January 2021. Those shifts show how public tragedies and movements for racial justice can accelerate reassessment of contested symbols.

Anthems, knees, and stadium politics: when athletes make the flag visible

Sports venues have become high-profile stages for flag-related controversy. Protests during the national anthem—most notably Colin Kaepernick’s kneel beginning in 2016—brought questions of patriotism, police brutality, and free expression into living rooms across the country. Fans, owners, and politicians debated whether kneeling disrespectfully targeted the flag or drew needed attention to racial injustice. The episode illustrates how national rituals, like the anthem and the flag, are powerful focal points for political and cultural conflict.

New emblems, new tensions: Thin Blue Line, Betsy Ross, and January 6

The 21st century introduced new symbolic riffs on the flag. The Thin Blue Line flag, used to show support for law enforcement, has been criticized for aligning with opposition to police reform. Historic variants, such as the Betsy Ross flag, also became contested after they appeared among some participants in the January 6, 2021, Capitol attack, when observers connected certain historical banners with modern extremist currents. Symbols once treated as quaint or historical can acquire new political meanings depending on who waves them and why.

Laws, courts, and the flag’s continuing role in public life

The legal landscape around flag displays and desecration remains complex. While the Supreme Court has protected flag burning as speech, states and localities continue to regulate flag use in other ways—flying flags on public property, controlling commercial reproduction, and deciding which flags represent state identity. Public debates over removal of monuments, changes to state flags, and anthem protests reveal that the flag is not a fixed object of consensus but a living symbol shaped by law, politics, and social change. For readers tracking how public memory shifts, these controversies show that the flag’s meaning often depends less on fabric and more on the moment.

The American flag has been a unifying symbol, a rallying banner, and a mirror reflecting the nation’s conflicts. Across wars, courtrooms, campuses, and stadiums, disputes over the flag have tracked broader struggles over speech, race, memory, and civic identity. As history shows, when Americans argue about the flag, they’re often arguing about who the nation is and who it ought to be—questions that remain unsettled and fiercely debated. For further reporting on how symbols shape public debate, see our newsroom coverage.