Domain: tiger-web1.srvr.media3.us I hate it, but burning the American flag is covered by the the 1st amendment, right? | Page 3 | Political Talk
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re: I hate it, but burning the American flag is covered by the the 1st amendment, right?

Posted on 8/25/25 at 5:54 pm to
Posted by Riverside
Member since Jul 2022
9576 posts
Posted on 8/25/25 at 5:54 pm to
Again, not what the EO is targeting. This isn’t about flag burning as an abstract concept.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471815 posts
Posted on 8/25/25 at 5:55 pm to
quote:


I hope this is satire.


Lots of people on here forget how they felt about our country/government a very short time ago
Posted by Bunk Moreland
Member since Dec 2010
67036 posts
Posted on 8/25/25 at 5:55 pm to
Why even create the EO? I'm sure there are enough laws on the books re: violence, riots, property damage that this is totally unnecessary.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471815 posts
Posted on 8/25/25 at 5:55 pm to
quote:

This isn’t about flag burning as an abstract concept.

Yes it is

How can burning your own flag ever be considered "fighting words"?
This post was edited on 8/25/25 at 5:56 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471815 posts
Posted on 8/25/25 at 5:57 pm to
quote:

Why even create the EO? I

Red meat for the base

Just like how all the "small government conservatives" who claim they truly support "states' rights" are celebrating the EO on bail nationwide.
Posted by Riverside
Member since Jul 2022
9576 posts
Posted on 8/25/25 at 5:57 pm to
When you incite a riot through disorderly conduct you don’t get to claim First Amendment protections.

How the hell did you actually pass a law school con law course?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471815 posts
Posted on 8/25/25 at 5:58 pm to
quote:

When you incite a riot through disorderly conduct you don’t get to claim First Amendment protections.

That's been tried, and has failed, in this specific arena.

That dog won't hunt.

Try again.

Posted by GeauxBurrow312
Member since Nov 2024
5990 posts
Posted on 8/25/25 at 6:00 pm to
quote:

Lots of people on here forget how they felt about our country/government a very short time ago


Whether Hussein or Biden, I have never felt the urge to burn our flag and disliked our country.

I cannot imagine watching someone defend burning the flag and going “that’s what I voted for”

This is the hill libertarians want to die on? No wonder yall don’t win elections
Posted by Chancellor
BHam
Member since Oct 2017
3597 posts
Posted on 8/25/25 at 6:04 pm to
quote:

Riverside



I found a nenard!

Seriously, that's one STUPID motherfricker, right there.
This post was edited on 8/25/25 at 6:05 pm
Posted by Riverside
Member since Jul 2022
9576 posts
Posted on 8/25/25 at 6:04 pm to
quote:

That's been tried, and has failed, in this specific arena.


The abstract right to burn an American flag is protected but the context and circumstances surrounding a flag burning can absolutely make the activity illegal.

If I stroll into an airport and set the American flag on fire, I’m 100% going to prison.
This post was edited on 8/25/25 at 6:05 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471815 posts
Posted on 8/25/25 at 6:04 pm to
quote:

I cannot imagine watching someone defend burning the flag and going “that’s what I voted for”

Freedom. Logic over feelings. Etc.

These things are often tested at the extremes (both in content and persons), and educated people understand this and don't throw the baby out with the bathwater in an emotional fit because of it.

There is no symbol so sacred it's more valuable than our rights.
Posted by LSUTANGERINE
Baton Rouge and Northshore LA
Member since Sep 2006
38468 posts
Posted on 8/25/25 at 6:06 pm to
The fact that that interview with Scalia has been downvoted by anyone already is quite telling. The naysayers are a perfect example of “I agree with freedom of speech, unless I disagree with the speech“
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471815 posts
Posted on 8/25/25 at 6:06 pm to
quote:

The abstract right to burn an American flag is protected but the context and circumstances surrounding a flag burning can absolutely make the activity illegal.


That's why I asked you to present one of these scenarios.

Here is an actual quote from Texas v. Johnson

quote:

Nor does Johnson's expressive conduct fall within that small class of "fighting words" that are "likely to provoke the average person to retaliation, and thereby cause a breach of the peace." Chaplinsky v. New Hampshire, 315 U. S. 568, 315 U. S. 574 (1942). No reasonable onlooker would have regarded Johnson's generalized expression of dissatisfaction with the policies of the Federal Government as a direct personal insult or an invitation to exchange fisticuffs.


quote:

If I stroll into an airport and set the American flag on fire, I’m 100% going to prison.

Not for the reasons being discussed ITT, just like your shitty "burn ban" example. Those are completely different regulations that have nothing to do with "fighting words", which is the standard of the EO.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471815 posts
Posted on 8/25/25 at 6:07 pm to
quote:

The fact that that interview with Scalia has been downvoted by anyone already is quite telling. The naysayers are a perfect example of “I agree with freedom of speech, unless I disagree with the speech“


Just like the I disagree with socialism unless my team does a socialism crowd.
Posted by LSUTANGERINE
Baton Rouge and Northshore LA
Member since Sep 2006
38468 posts
Posted on 8/25/25 at 6:08 pm to
quote:

When you incite a riot through disorderly conduct you don’t get to claim First Amendment protections.

What disorderly conduct? Burning the American flag?
Posted by Rex Feral
Member since Jan 2014
16425 posts
Posted on 8/25/25 at 6:15 pm to
Neither is burning an Israeli or pride flag, yet we’d go to jail for doing that. Make it all legal or none of it legal.
Posted by JimEverett
Member since May 2020
2144 posts
Posted on 8/25/25 at 6:18 pm to
quote:

The abstract right to burn an American flag is protected but the context and circumstances surrounding a flag burning can absolutely make the activity illegal.

If I stroll into an airport and set the American flag on fire, I’m 100% going to prison.


Sure.

But it is the burning of an object that is illegal, not the burning of the flag itself.

If I wrap a sleeping person up in a bedsheet and set fire to the bedsheet and kill the person I am charged with murder. If instead of a bedsheet I use an American flag, i am charged with murder.
There is no reason to sign an Order or a law making it illegal to set fire to someone wrapped in an American flag.
Posted by LSUTANGERINE
Baton Rouge and Northshore LA
Member since Sep 2006
38468 posts
Posted on 8/25/25 at 6:19 pm to
quote:

So if I burn an American flag in an open field during a burn-ban, I’m good then? Or I block traffic on the I-10 in downtown LA and burn an American flag there, again totally legal, right?

Those are already illegal.

You can break the law “while burning in American flag”. Meaning it’s illegal when you break the law while burning an American flag. Just like it’s illegal when you break the law while doing anything else.

You cannot break the law “by burning an American flag”.

Simply put, burning in a American flag that is your own is not, in and of itself, illegal.



Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
80181 posts
Posted on 8/25/25 at 6:19 pm to
quote:

What does "nenarded" mean?


Retarded, deliberately misspelled to defeat AI moderators.
Posted by JimEverett
Member since May 2020
2144 posts
Posted on 8/25/25 at 6:21 pm to
quote:

Neither is burning an Israeli or pride flag, yet we’d go to jail for doing that. Make it all legal or none of it legal.


Who has been convicted of the crime of burning an Israeli or pride flag? That is definitely wrong if it has happened.
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