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President-Elect Will Criminalize Flag Burning
- “Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!”
- The punishment was similar to what Trump proposed: one year in jail and a fine of $100,000.
Donald Trump, the president-elect, drew ire for tweeting about proposing to ban U.S. flag burning.
“Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!” he tweeted on Tuesday morning.
But some observers noted that Trump’s latest tweet might be him setting a “trap” of sorts for media outlets. More than 10 years ago, in 2005, Trump’s Democratic rival, Hillary Clinton proposed the Flag Protection Act of 2005 when she was a senator from New York.
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The punishment was similar to what Trump proposed: one year in jail and a fine of $100,000.
As the New York Times reported in December 2005, “Hillary Clinton is co-sponsoring a bill to criminalize the burning of the American flag. Her supporters would characterize this as an attempt to find a middle way between those who believe that flag-burning is constitutionally protected free speech and those who want to ban it, even if it takes a constitutional amendment.”
The Times added that with Clinton’s proposal, which was sponsored by then-Senator Robert Bennett of Utah, “It’s hard to see this as anything but pandering—there certainly isn’t any urgent need to resolve the issue.”
On Tuesday, House Majority Leader Kevin McCarthy, a Republican, commented on Trump’s proposal.
“I don’t see why someone would want to burn it,” he told MSNBC. “But we have a First Amendment right. But where I come from you honor the flag. If someone wanted to show their First Amendment right, I’d be afraid for their own safety, but [we’ll] protect our First Amendment.”
The Supreme Court, meanwhile, issued two rulings that protect the act of burning or desecrating the flag under the First Amendment as a form of free speech. In the 1989 case “Texas v. Johnson,” the high court issued a 5-4 ruling that said flag-burning is “symbolic speech,” as protected by the First Amendment. A similar ruling was handed down in a different case, “United states v. Eichman,” when the court issued a 5-4 ruling to protect the act under the First Amendment.
10 Comments
Because it is the symbol of our country as a whole and each and every state as individual!
If it is fair constitutional game for idiotic protesters; then so are The Washington Monument, Lincoln Memorial, Jefferson Memorial and all Presidential libraries! Where do we citizens draw the line?
They need to know patriotism of this country is a must or leave if your feel any different and burn this country’s meaning of patriotism a crime which a punishment will be put on you.
Though I don’t agree with people burning the flag, I believe they have the right under the Constitution to do so.
If you did not join the military and put you`r life on the line to defend the American flag as many have and many died serving our country than you have not earned the right to burn it!
The flag is symbol of our country. It is a reminder of what our country has stood for for the last 240 years. To desecrate it the way some have is a disgrace.
I think flag burning is one of the most disrespectful things one can do toward our country. I was in the service during the Vietnam era and felt that way then. If one wants to be part of this great country then they need to show respect. There are other ways to protest or influence the direction.
The American Flag is the ultimate symbol of freedom, free agency and democracy.
Burning of the flag is the ultimate hatred towards a people of freedom, ancestories who sacrificed everything that might have what we “do” have today!
WELL THANK you mr. president and millions of vets also thank you—I knew we were RIGHT.. this is the right man TRUMP
Hurray! It breaks my heart to see so much disrespect for the flag that represents the freedom that was fought for Americans. If they don’t want to honor the country and the flag that represents our freedom and the soldiers who died for their freedom, go to a country you can honor. I hope Trump can overrule the Supreme court ruling that it is a form of freedom of speech and return to penalizing and enforcing the defamation of the American flag.
Completely Agree and should also Apply to Dishonoring the National Anthem, BOTH are Offenses That Dishonor and show Extreme Disrespect For America and Everything We Stand For And What Our Very Barve Soldiers Have Given Their Lives For and Must be severely punished, they are Treasonous Acts That NO TRUE AMERICAN WOULD EVER PARTICIPATE IN.