https://www.newsweek.com/trump-burning-american-flag-executive-order-conservative-reaction-2119061
On it's face the Trump executive order against flag burning is one more stupid action from Trump. Flag burning is a constitutionally protected activity by SCOTUS ruling, and a great example of how the first amendment protects speech or expression that is offensive to some.
The catch seems to be that Trump is trying to draw a line around burning a flag to incite violence. IMO, this is an attempt to criminalize thought much like hate crime laws. US law has historically punished actions, not thoughts, and this seems like it hinges on the thoughts of the flag burner. Further, I fail to see how an EO is the appropriate venue for establishing criminal law.
Obviously, if someone steals a flag to burn, then they should be charged for theft and destruction of property.
https://www.nbcnews.com/nbc-out/out-news/4-charged-hate-crimes-destroying-lgbtq-pride-flags-atlanta-police-say-rcna214846
Where I struggle with agreeing with this is the fact that it's likely that burning a pride flag comes with a greater risk of prosecution than burning an American flag. However I'd argue that the answer is to stop prosecuting people for burning pride flags, as opposed too charging people with burning American flags. Seems like the first amendment protection of offensive speech or expression should be applied to the destruction of any flags, not just one. If anything, the US flag should be more protected than a pride flag.
In any case, this EO is a bad idea which should never have happened.
11 comments:
Trump's order about flag burning being punished. It's not what the media makes it.
"In English, it directs the Attorney General to prosecute, to the fullest extent possible, existing laws related to flag burning when combined with other crimes “unrelated to expression,” and only where it would be consistent with the First Amendment.
"In other words, it was just a nice sentiment, properly decrying flag burning, that only told the AG to uphold the existing laws and also, mind the Constitution. But because the media framed it as some kind of dark, authoritiarian, unconstitutional overreach, even many conservatives ran with that— without checking." (Coffee & COVID site)
I also agree no one should be punished for burning a "Pride" flag. But when the LEFT is in charge.....
If that is the case, then it's redundant. As I noted, it did go beyond simply burning the flag. It's a PR stunt as opposed to anything meaningful. It seems obvious that under his administration that the DOJ should be doing exactly what his EO directs, without the EO. Of course since it's an EO, it has no real extension beyond his term.
I'm not sure pointing out the redundancy of the EO really helps, but whatever.
If flag burning is protected, then all flag burning is protected.
I, and many conservative commentators, think the whole schtick was to trigger the LEFT. Trump seems to do a lot of triggering for fun.
While that may be True, I fail to see how triggering the left actually helps advance Trump's agenda. It seems like one more of the things he does that seem like the actions of a 12 year old.
I could be wrong, but I have this crazy notion that presidents should act presidential and with some level of decorum. Just because DFL presidents might not doesn't seem like a good enough excuse for a GOP president.
Here's an interesting article about why Trump did the E.O.
https://patriotpost.us/articles/120287
Someone just shared with me that in 1995 Senator Joe Biden proposed legislation to make burning or desecrating the American flag in any way a crime. Now, that is funny.
I've seen a couple of reasons, but I'm not totally convinced. I've been wrong before, so we'll see.
I just saw a clip of HIllary saying the same thing. It was likely pandering.
While I understand and agree with the concept of purchasing and destroying a US flag that you own, I also am sympathetic to criminalizing doing so.
Obviously, the destruction of any property owned by someone else should be prosecuted regardless of what that property is. Likewise, I can see some logic behind criminalizing burning a flag to incite violence. However, I also see that as a slippery slope which leads to criminalizing thought rather than action (which is my objection to hate crime laws).
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