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Donald Trump’s basic position on flag-burning isn’t really all that controversial
Washington Post ^ | Nov. 29, 2016 | Aaron Blake

Posted on 11/29/2016 1:03:45 PM PST by Innovative

Donald Trump would appear to have done something very controversial (again) on Twitter Tuesday morning, registering his support for making flag-burning a crime punishable by as much as a year in jail or even the revoking of one's citizenship.

As our Philip Bump notes, it's not the first time Trump has pitted himself against things that have been defined by the Supreme Court as First Amendment rights — nor will it likely be the last. And as Bump also notes, Trump's decision to stand against flag-burning is likely to pit defenders of the practice “against the patriotism of people who find flag-burning unacceptable.”

But the size of that latter group might be bigger than the coverage of this topic suggests. And Trump's position probably won't strike most Americans as being all that controversial.

In fact, making flag-burning illegal appears to have had overwhelming public support as recently as a decade ago.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: flag; flagburning; trump; trumptransition
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To: morphing libertarian

Personally, I think any law enforcement officer who arrests someone for burning a flag (absent any other public safety issue, mind you) should probably be fired for having too much time on his hands.


21 posted on 11/29/2016 1:47:00 PM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: Innovative

Is “lynching” an effigy of Obama protected speech?

Is burning a Rainbow Flag at a Gay Rights parade protected speech?

Is burning a cross at night protected speech?

Is burning a Pan African flag at a BLM march protected speech?


If the answer to any of the above is yes, then burning the American Flag is also protected speech.


22 posted on 11/29/2016 1:48:37 PM PST by Darteaus94025 (Can't have a Liberal without a Lie)
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To: Alberta's Child

I’d like to see some people who burn cars and smash windows and assault others arrested. Those are not legitimate protests.


23 posted on 11/29/2016 1:48:51 PM PST by morphing libertarian (Proudly deplorable since 2016)
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To: morphing libertarian

Absolutely. You can burn your own cars and smash your own windows, but if you do it to someone else’s property you should be considered lucky to escape with your life.


24 posted on 11/29/2016 1:50:52 PM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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To: castlegreyskull
I find flag burning a deliberate attempt to incite the public.

Colin Kaepernick is inciting the public by refusing to stand for the national anthem.

Maybe we should make it illegal to sit or kneel while the national anthem is being played. While we're at it, we might as well make it law that you must put your hand over your heart during the playing of the anthem, or any time a government vehicle passes by displaying the flag. And absolutely no crossing your fingers while you do it.

25 posted on 11/29/2016 1:52:44 PM PST by Wissa (Few men desire liberty. Most men wish only for a just master. -- Sallust)
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To: DoughtyOne

They saw Hillary’s support for the same thing.


26 posted on 11/29/2016 2:01:06 PM PST by VanDeKoik
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To: Darteaus94025
Is burning a cross at night protected speech?

Yes, unless there is an intent to intimidate. Virginia v. Black (2003).

27 posted on 11/29/2016 2:04:15 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: logi_cal869

The one thing that burns me up (pun) about this is that the U.S. Flag is open for any type of abuse, but if you do the same for the Mexican or Rainbow gay flag, it is seen as racist and a hate crime.


28 posted on 11/29/2016 2:07:57 PM PST by VanDeKoik
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To: allendale

God seems to bless even Donald’s mistakes. As things stand this would need a constitutional amendment. If Donald agrees the USSC has the last word on the invention called gay marriage, he’d have to agree about this too.


29 posted on 11/29/2016 2:16:35 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Wissa

Kneeling during an anthem is not violent or destructive. Burning a flag contains a veiled threat.


30 posted on 11/29/2016 2:17:08 PM PST by castlegreyskull
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To: Innovative; All

The notable thing here is that he said “must” rather than “should.”

I’d say, you and what army, Donald?

If we are going to press an issue hard enough to try to get a constitutional amendment... for heaven sakes Donald please fix “Gay Marriage” before even THINKING of fixing this.


31 posted on 11/29/2016 2:19:17 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: castlegreyskull

It might or might not.


32 posted on 11/29/2016 2:19:45 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Innovative; All

I’d want to see a Constitutional amendment that would forbid requiring any state to call any civil union or like arrangement, that is not between a natural born man and a natural born woman, a “marriage.”

Fix the abomination that is spiritually burning the USA, before worrying about people burning their own pieces of cloth.


33 posted on 11/29/2016 2:25:13 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Will88

So free speech only covers speech with a clear message? Either it’s legal or not, we don’t need the government deciding which flag burnings are legal and which aren’t based on how “clear” the message is. IMHO flag burning and Islam should be like wearing a Nazi uniform; it’s legal, but nobody will want to have anything to do with you.


34 posted on 11/29/2016 2:25:27 PM PST by Hugin (Conservatism without Nationalism is a fraud.)
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To: castlegreyskull
Kneeling during an anthem is not violent or destructive. Burning a flag contains a veiled threat.

What is the veiled threat? It seems to me that burning a flag is simply a display of a lack of respect for the country.

As to it being destructive, are you talking about the destruction of a flag?

35 posted on 11/29/2016 2:27:34 PM PST by Wissa (Few men desire liberty. Most men wish only for a just master. -- Sallust)
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To: Wissa

And it could say a number of things, like “this country is figuratively burning itself up.”


36 posted on 11/29/2016 2:29:27 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: logi_cal869

“...I will defend the Constitution before I defend Nationalism which imprisons a person for exercising their right...”

well said. I’d add that Patrotism and Nationalism are different.

Flag worship is unamerican


37 posted on 11/29/2016 2:29:46 PM PST by vooch
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To: Wissa

Kaepernick is a fool, but he is just a symptom of the greater problem. Owners and franchises can set their own standards of behavior, yet they continually field felons and reprobates.

Flag burning is more of the same. The issue is rarely the issue. Which is worse, burning our flag or raising children to hate it on the taxpayers’ dime?


38 posted on 11/29/2016 2:36:05 PM PST by antidisestablishment ( We few, we happy few, we basket of deplorables)
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To: Alberta's Child
Very interesting. Scalia was right both times.

Because Scalia understood that a prohibition against the burning of the flag, as reprehensible as that act is, elevates a mere symbol of free speech (the flag) above that concept which it signifies, that is, the actual right of free speech.

At that point, the flag, which is merely a symbol of free speech, becomes more important than the actual concept of freedom of speech, creating a logical fallacy that Scalia would and could not countenance.

Which is more important: The freedom itself, or a mere symbol of it? Scalia knew the correct answer.
39 posted on 11/29/2016 2:44:21 PM PST by Milton Miteybad (I am Jim Thompson. {Really.})
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To: VanDeKoik

Okay, I wasn’t aware of that.

I do find it hard to believe though. Bet she didn’t mean it if she did spout something along these lines.


40 posted on 11/29/2016 2:46:20 PM PST by DoughtyOne (jcon40, "Are we be coming into the age of Sanity?")
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