The Spanish Constitutional Court Rules that an Insult to the Spanish Flag Is a Crime

On Tuesday, the Spanish Constitutional Court ruled by majority that insults to the Spanish flag are no longer considered freedom of expression, but a crime.

The divided Court was only able to pass the ruling by a single vote, but it established that indignities against the Spanish flag are crimes as they are not protected by the right to freedom of expression. It did so by dismissing an appeal filed by the trade union, Galician Intersindical Confederation, which was condemned for an offense against the flag in using phrases such as “here I heard the silence of the fucking flag” and “you have to set fire to the fucking flag.”

The trade union alleged that their freedom of expression has been violated. However, the court considered that these expressions were without the protection of fundamental rights.

Five of the court’s twelve judges voted against the decision: Andrés Ollero Tasara, Juan Antonio Xiol Ríos, Cándido Conde-Pumpido Tourón, Encarnación Roca Trías and María Luisa Balaguer Callejón.

Prestigious lawyers such as Gonzalo Boye are considering taking the case to the European Court of Human Rights (ECHR).