US Constitution protects Flag-Burning

scaliaSupreme Court Justice Antonin Scalia:  “Yes, if I were king, I would not allow people to go about burning the American flag,” Scalia said.

“However, we have a First Amendment, which says that the right of free speech shall not be abridged. And it is addressed, in particular – to speech critical of the government.”

“I mean, that was the main kind of speech that tyrants would seek to suppress,” he added. “Burning the flag is a form of expression. Speech doesn’t just mean written words or oral words. It could be semaphore. And burning a flag is a symbol that expresses an idea — I hate the government, the government is unjust, whatever.”


McConnell,Mitch-012309-18422-jf 0024.No act of speech is so obnoxious that it merits tampering with our First Amendment.  Our Constitution, and our country, is stronger than that.  Ultimately, [those who desecrate the flag] pose little harm to our country. But tinkering with our First Amendment might.
– Senate Majority Leader Mitch McConnell (R-KY)

 


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