While I generally lack faith in the internet, I’ve come to be pleasantly surprised by the collective response to Trump’s purposed punishment for flag burning. After all, it’s free speech baby.
In a video evidently shot from the passenger seat of a private jet, Trump used his free speech privileges to declare the free speech privileges of others to be a jail-able offense. If Trump were dictator of America (his personal wet dream) he would send anyone guilty of burning an American flag to prison for a year. Considering this man emblazons an American flag on all his merchandise in direct violation of U.S. Flag Code, it’s safe to say that Trump doesn’t actually care what people do with Old Glory. His “one year jail” statement is nothing more than an attempt to score political points with a feverishly patriotic base.
And surprisingly, the internet isn’t having it. “Not very American” X user calls Trump’s penal proposal. Sorry, gross turn of phrase.
It’s true. The Supreme Court ruled way back in 1989 that Americans had the right to burn Old Glory in protest, or just for yucks. The decision was made in the Texas v. Johnson case, voting 5 to 4 in favor of Gregory Lee Johnson, who burned the flag in a demonstration. Justice Anthony Kennedy in concurrence with the ruling wrote “the hard fact is that sometimes we must make decisions we do not like. We make them because they are right.”
Many X users employed their freedom of speech to echoed Kennedy’s sentiment.
X user Steve of Florida attempted a rebuttal, saying that burning a flag constitutes a “bate crime,” which is exactly the kind of goofy b.s. I’d expect a guy named Steve from Florida to say. But hey, freedom of speech.
Steve’s speaking alone on this one.
Free speech, baby. Gotta love it.
This wouldn’t be the first time Republicans have tried to infringe upon free speech rights. Florida Governor Ron DeSantis got into legal hot water when he threatened radio stations running pro-choice ads with prosecution and jail time. Proponents of the pro-choice group Amendment 4 sued DeSantis over the threats, saying they violated the First Amendment. A federal judge upheld the decision, and DeSantis was issued a restraining order. Another win for Freedom of Speech. Hell yeah.
1A is A1. We love Freedom of Speech.
Yup. Texas v. Johnson. Though the margin was surprisingly narrow, and the decision to rule in Johnson’s favor was decided by a single vote. In his dissenting opinion, Chief Justice William Rehnquist wrote “I cannot agree that the First Amendment invalidates the Act of Congress, and the laws of 48 of the 50 States, which make criminal the public burning of the flag.” Flag burning wasn’t always protected. In 1968, Congress passed the Federal Flag Desecration Law in response to a protest against the Vietnam War, which prohibiting “mutilating” or “burning” the American flag in public. The punishment for breaking it? One year in jail. Trump’s statement may have had legal precedent in 1969, but not anymore. Did I hear “Freedom of Speech?”
Def a pass. Would not smash this into law. Blegh. I apologize for that criminal metaphor. But I can’t be jailed for it. Why?
FREEDOM. OF. SPEECH.
Published: Dec 6, 2024 05:51 am