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You can burn the flag all you want.

Michchamp

Well-known member
Joined
Aug 4, 2011
Messages
33,981
This has been settled law, across party lines, since 1989. see, e.g. Texas vs. Johnson, 491 US 397 (1989).

Statutes that criminalize burning the US flag are unconstitutional restraints of your 1st amendment right to freely express yourself. 5 justices in the majority were Brennan, Marshall, Blackmun, Kennedy & Scalia.

anyone who suggests otherwise is an ignorant buffoon.

also, the US government has no power to revoke the citizenship of natural-born US citizens, for any reason, never has had such power, nor should it ever. And the citizenship of naturalized citizens can only be revoked if fraud was committed during the naturalization process.

anyone who suggests otherwise is an ignorant buffoon, and a wannabe petty tyrant.
 
I saw a Scalia quote kicking around facebook about banning flag burning weakens the freedoms that the flag stands for.

Like everything else, people blur their feelings about freedom of speech and the repercussions of unpopular free speech. You are free to burn the flag. Don't be surprised when the judge goes easy on the vet that punches you in the face.
 
I'm pretty sure you are still subject to penalties if your endeavor to exercise your first amendment right violates public safety laws or regulations.
 
I'm pretty sure you are still subject to penalties if your endeavor to exercise your first amendment right violates public safety laws or regulations.

so for example, one couldn't wrap the flag around a brick, set it on fire and chuck it through Turd's living room window, just wanting to add it to the pile of already burning American flags inside? That's not protected free speech?
 
so for example, one couldn't wrap the flag around a brick, set it on fire and chuck it through Turd's living room window, just wanting to add it to the pile of already burning American flags inside? That's not protected free speech?

Between this comment and Champs' "ASSFACE" comment, you two are really scraping the bottom of the barrel.
 
so for example, one couldn't wrap the flag around a brick, set it on fire and chuck it through Turd's living room window, just wanting to add it to the pile of already burning American flags inside? That's not protected free speech?

That would be a violation of several laws.

I'm thinking more in terms of where ever it would be a public safety violation to burn an
identicle sized sheets or piece of material that was not a flag, so would it be a public safety violation to burn a flag.
 
This is a little bit of a strawman issue Trump is raising that Clinton herself engaged in when she introduced a bill-maybe it was an amendment to the constitution-to ban flag burning when is she was in the Senate.

How many instances of flagburning occur anyway? There was that famous scene at Dodger Stadium when Rick Monday grabbed a burning a flag away from somebody who ran onto the field and burned it.

I never hear reports about flagburning besides that that I can recall. I hear it being discussed about its first protection amendment a lot more that I hear about it actually happening.
 
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According to this The American legion has a flagburning ceremony of honor to retire flags that have become too worn or faded to be displayed - obviously the opposite of a protest of the United States.
 
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US Flag Code. Title 4 > Ch. 1> Sec 8(k).

"The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning." (Italics mine)
 
This is a little bit of a strawman issue Trump is raising that Clinton herself engaged in when she introduced a bill-maybe it was an amendment to the constitution-to ban flag burning when is she was in the Senate.

How many instances of flagburning occur anyway? There was that famous scene at Dodger Stadium when Rick Monday grabbed a burning a flag away from somebody who ran onto the field and burned it.

I never hear reports about flagburning besides that that I can recall. I hear it being discussed about its first protection amendment a lot more that I hear about it actually happening.

My buddy who went to Michigan Law told me that some of the students used to like to fuck around with hypotheticals all the time. One of the most common was -

You're at a window on the 40th floor of an 80 story building with a loaded hand gun. On the roof, an despondent individual leaps to their death - death is certain and imminent when they hit the ground.

As the jumper passes you on the way down, you shoot the jumper, and the jumper dies of your gunshot wound before landing.

Did you murder that person?


So it's really good for the President elect, and it was really good back in the day for Senator Clinton, to fuck around wasting time arguing about something that really doesn't actually happen anymore.
 
Flag burning really Donald
Deflector of Chief Mr Orange trying to change the subject from his disastersous swamp vermin appointments. Pretty par for the course as he is trying to find ult-right Wing issues that will appeal to his base because he is already moving off what he campaigned on. Or heck did he mention this on the trail ? Because over 70 % he said was a lie.
 
Flag burning really Donald
Deflector of Chief Mr Orange trying to change the subject from his disastersous swamp vermin appointments. Pretty par for the course as he is trying to find ult-right Wing issues that will appeal to his base because he is already moving off what he campaigned on. Or heck did he mention this on the trail ? Because over 70 % he said was a lie.

On twitter, apparently just before he tweeted people who burn the flag should go to jail and lose their citizenship, Fox News aired a piece on a couple college students burning a flag on a college campus somewhere (so newsworthy...)

Orange Hitler (changed from Orange Jesus to avoid offending the catholics here) apparently doesn't do much more than sit on his ass watching Fox News and firing off stream-of-consciousness-style tweets.
 
My buddy who went to Michigan Law told me that some of the students used to like to fuck around with hypotheticals all the time. One of the most common was -

You're at a window on the 40th floor of an 80 story building with a loaded hand gun. On the roof, an despondent individual leaps to their death - death is certain and imminent when they hit the ground.

As the jumper passes you on the way down, you shoot the jumper, and the jumper dies of your gunshot wound before landing.

Did you murder that person?


So it's really good for the President elect, and it was really good back in the day for Senator Clinton, to fuck around wasting time arguing about something that really doesn't actually happen anymore.

yes you murdered that person.

also, in your other hypothetical, you could be arrested for burning a flag in other contexts (like for criminal negligence or attempted arson) if it posed a fire hazard. say, because you started burning it while standing near an open gas pipeline. that's not a freedom of speech issue. all the Supreme court said is laws prohibiting flag burning are unconstitutional. this doesnt affect states enforcing laws that don't have 1st amendment implications.
 
You're at a window on the 40th floor of an 80 story building with a loaded hand gun. On the roof, an despondent individual leaps to their death - death is certain and imminent when they hit the ground.

As the jumper passes you on the way down, you shoot the jumper, and the jumper dies of your gunshot wound before landing.

Did you murder that person?

Good luck proving the cause of death.
 
On twitter, apparently just before he tweeted people who burn the flag should go to jail and lose their citizenship, Fox News aired a piece on a couple college students burning a flag on a college campus somewhere (so newsworthy.


All right so I guess somebody does do it still.

I guess I thought it was the Vietnam War era thing that went out with tie-dye shirts and bellbottoms.
 
US Flag Code. Title 4 > Ch. 1> Sec 8(k).

"The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning." (Italics mine)

I thought this was the case and was going to post a question about it - thank you for preempting me with the answer.
 
I wonder if there were any alarmists running here to start threads about Hillary Clinton, calling her Hitler and warning people about her fascism when she sponsored legislation to fine anyone $100k and jail them for up to a year for burning an American flag in protest...

http://www.snopes.com/hillary-clinton-sponsored-a-bill-to-punish-flag-burning/

I mean it's just legislation - nothing as harmful as a tweet, but still did anyone throw a tantrum and start a thread about it?
 
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