It is easier for me to give an opposite answer; in Alaska, Wisconsin, Wyoming, and the District of Columbia, it is not a crime to desecrate (which includes "burning") the flag. Other states have established desecration laws (1897-1932), but the Supreme Court has struck them down.

Supreme Court has gone through the following:

• Halter v. Nebraska (1907) -- made the state laws constitutional.
• Federal Flag Desecration Law (1968) -- I'll be redundant but Congress made it federal.
• Texas v. Johnson (1989) -- struck away the previous state laws.
• United States v. Eichman (1990) -- Flag Protection Act counters it, but too many protesters were arrested and so the Supreme Court took everything back to its previous ruling.
• Flag Desecration Amendment (1990, 1995, 1997, 1999-2000, 2001, 2003, 2005-2006) -- passes the House, but always fails the Senate.

So for a Flag Desecration Amendment (to protect the flag from "burning"), you could say that Congress has spent almost two decades - wait, scratch that (glad there is an edit button for about an hour after submitting on Mahalo!), considering the Federal Flag Desecration Law of 1968 - four decades!

Here is a Statement on the Flag Burning Amendment. It
makes some interesting points. Personally, I don't think that someone
should go to jail for expressing themselves through the burning of a
flag and I think the video you posted was a creative way of
communicating "freedom"...

If a person can't burn a piece of cloth with a certain pattern on it, then the United States is not truly the "land of the free." At that point, ironically, the Constitution might as well be burned because it becomes meaningless.

Most states have some law on the books about desecration of the flag, with the majority listing the crime as some class of misdemeanor. Wyoming, Alaska, and Wisconsin have no existing or standing laws against the practice. In Illinois, desecration of the flag is a felony.

Curiously, most of these laws also specifically prohibit the use of the flag for advertising or publicity purposes. Maybe California doesn't have this prohibition, but I'm sure I've seen numerous out-of-state advertisers wrapping their product in the flag without consequences!

The issue is generally brought up whenever a political party needs to divert attention; it certainly generates a passionate response. For the most part, the act of burning a flag has been ruled as a constitutional act of free speech.

Curiously, many of the people most offended by the burning of the flag are themselves flagrant violators of the U.S. Flag Code. (United States Code Title 4 Chapter 1 — The Flag). Per this statute, the flag:
- is supposed to only be displayed from sunrise to sunset unless properly illuminated.
- is not supposed to be flown in inclement weather, unless it's an "all-weather" version
- should not touch anything beneath it, such as the ground or merchandise.
- should never be worn as any item of clothing.
- should never be used as advertising in any manner whatsoever.
- when no longer in fit condition for display, should be disposed of properly - preferably by burning. This one makes me nuts, not because of the method of disposal but because of the number of filthy, tattered flags I see flying from vehicles.

Doing the research, I found this excellent quote:

"If a jerk burns a flag, America is not threatened. If a jerk burns a flag, democracy is not under siege. If a jerk burns a flag, freedom is not at risk and we are not threatened. My colleagues, we are offended; and to change our Constitution because someone offends us is, in itself, unconscionable,"

-- Rep. Gary Ackerman (D-New York).

Long may it wave!

Flag burning - act of free speech or desecration of a national symbol?

According to the U.S. government, it is an act protected under the First Amendment. And boy, have we been round and round the merry-go-round of patriots arguing patriots.

Here's what the ride on the merry-go-round has been like so far:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1989 - US SUPREME COURT CASE, TEXAS V. JOHNSON
At the time, in 48/50 states there existed "anti-desecration" laws prohibiting flag burning. In this decision, the S. Court ruled those laws to be unconstitutional (in favor of Gregory Lee Johnson, political demonstrator). (1)

Flag burning ruled as protected under First Amendment

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1989 - CONGRESS PASSES FLAG PROTECTION ACT
Banning flag burning and other forms of flag desecration in defiance of the Texas v. Johnson ruling

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1990 - US SUPREME COURT CASE, UNITED STATES V. EICHMANN
Overturned the "Flag Protection Act" as unconsitutional.(2)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1990 - CONSTITUTIONAL AMENDMENT PROPOSED
Since the Supreme Court wasn't playing ball, Congress attempted to ban flag burning by amending the Bill of Rights. (3)

Vote rejected by only 34 votes on June 21, 1990

This same amendment would be proposed and fail repeatedly from that point on through 2006 - the latest amendment proposal to ban flag burning. The Conservatives get closer with every proposal. In 2006, they were only ONE vote shy of passing the legislation. (4)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The bottom line to all of this?

According to federal law, flag burning is legal under the protection of the First Amendment.

However, every single state (except for Wyoming and Alaska) have some form of law on the record books banning desecration of the flag. Most states don't bother to update their law books! Local police and courts may see fit to prosecute according to these laws, even if Federal law says they are not allowed to do so. Any such prosecution should be fought and appealed to the highest level, as all of it is - to this date - unconstitutional

For more happy flag burning reading, here are some sources that impressed me:

http://www.ushistory.org/betsy/more/desecration.htm (great timeline of court cases)
http://www.firstamendmentcenter.org/Speech/flagburning/overview.aspx (gives nice legislative overview for some cases)

http://scoutchief.com/wp-content/uploads/2009/06/boy-scouts.jpg
Boy Scouts burn the flag as a means of proper and respectful disposal of the flag. Ironic, huh?
http://assets.mediaspanonline.com/prod/2613989/flagburningjon05_w300.jpg

In Texas v Johnson 1989 The Supreme Court of the United States held that..
-quote-
Johnson's conviction for flag desecration is inconsistent with the First Amendment.
-quote-
with regard to Johnsons participation in a protest where he burned an American Flag
Them's fightin words.
As yet there is no amendment to the US Constitution outlawing flag burning

CF Rick Monday became known as ``The Star Spangled Dodger'' when he grabbed a flag away from some Dodger Stadium fans who had jumped the wall and were trying to light it on fire. Monday would later say it was an experience he did not fully understand in the days afterward, that it continually amazed him how people remembered the 1977 event, and he came to a greater understanding of his action's importance in hearing people retell the event.