2/6/2024 0 Comments 2016 gay flag burning![]() ![]() Stone and Eugene Volokh explained back in September 2015 the basic concept of symbolic speech in the First Amendment, which reads that Congress can’t make laws that “abridging the freedom of speech or of the press.” In our Interactive Constitution project, scholars Geoffrey R. Special Podcast: Should we abolish the Electoral College? On Tuesday, Trump added fuel to the debate with a provoking message on Twitter: “Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!”įlag burning, as we’ve discussed in detail on this blog and at the National Constitution, is a legal debate that goes back decades, and in the minds of the Supreme Court, has been settled since 1990. Since Election Night, there has been a renewed interest in the constitutional subject after several anti-Trump protesters burned flags in public to protest his win over Hillary Clinton. But in the end, the only Justice left on the Supreme Court from the 1980s could have the final say on the matter. ![]() President-elect Donald Trump's recent comments about prosecuting flag-burning protesters has started yet another debate about the issue.
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