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U.S. Constitution
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Title: GOP rep: 'No president is allowed to burn the First Amendment’
Source: The Hill
URL Source: http://thehill.com/homenews/house/3 ... ed-to-burn-the-first-amendment
Published: Nov 30, 2016
Author: Mark Hensch
Post Date: 2016-11-30 19:10:50 by Hondo68
Keywords: Impeach Trump, scofflaw, hates BOR
Views: 98573
Comments: 265

GOP rep: 'No president is allowed to burn the First Amendment’

© Greg Nash

Rep. Justin Amash (R-Mich.) on Tuesday defended the constitutionality of flag burning, saying President-elect Donald Trump would violate freedom of speech if he cracked down on it.

"Nobody should burn the American flag, but our Constitution secures our right to do so. No president is allowed to burn the First Amendment," Amash tweeted.

Trump earlier Tuesday floated severe penalties for flag burning, mentioning loss of citizenship or a year in jail.

“Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!” he tweeted.

Trump did not specify what inspired his 7 a.m. tweet about flag burning, which is considered protected speech under U.S. law. The Supreme Court ruled in Texas v. Johnson in 1989 that burning the American flag is allowed under the First Amendment.

A spokesman for Trump on Tuesday said he agrees with Trump that the controversial act should be outlawed.

“I think most Americans would agree with me that flag burning should be illegal. It’s completely despicable,” Jason Miller told CNN’s “New Day."

Rep. Sean Duffy (R-Wis.) told CNN he disagrees with Trump, though.

“I don’t think we want to make this a legal issue. So I disagree with Mr. Trump on that, and the court is probably right," Duffy said.

“I think the court is probably right that we want to protect those people who want to protest and their right to actually demonstrate with disgracing our flag, even though so many of us who love our country and love our flag object to it.”

House Majority Leader Kevin McCarthy (R-Calif.) also split with Trump and defended flag burning as free speech.

“We have a First Amendment right. We’ll protect our First Amendment. That’s what the court has upheld,” he said on MSNBC’s “Morning Joe” on Tuesday.


Poster Comment:

House Majority Leader Kevin McCarthy (R-Calif.) also split with Trump and defended flag burning as free speech
Already there are the beginnings of an impeach Trump movement in the HOR, and he hasn't even taken office yet. (1 image)

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Begin Trace Mode for Comment # 2.

#1. To: hondo68 (#0)

In Chaplinsky v. New Hampshire (1942), the U.S. Supreme Court held that "insulting or 'fighting words,' -- those that by their very utterance inflict injury or tend to incite an immediate breach of the peace -- are not protected by the first amendment. Burning the flag is no different than fighting words.

Or, it can be argued that burning the flag is hate speech and is not protected.

Or that burning the flag is "likely to incite imminent lawless action".

Three reasons why burning the flag is not protected by the first amendment.

misterwhite  posted on  2016-11-30   19:33:24 ET  Reply   Untrace   Trace   Private Reply  


#2. To: misterwhite, Social Justice Warrior, Triggered, freedom of religion, speech (#1) (Edited)

http://www.thegatewaypundit.com/2016/11/watch-communist-losers-burn-american-flags-outside-trump-tower-video/

I supposed that you'd try to deny this law abiding religious cult their civil rights using the same Progressive SJW tyrannical thug logic.

Triggered eh, snowflake?

Hondo68  posted on  2016-11-30   20:18:22 ET  (1 image) Reply   Untrace   Trace   Private Reply  


Replies to Comment # 2.

#19. To: hondo68 (#2)

I am ALMOST to the point where I agree with those people in the photo. I think we are about one micro-inch from the murikan left and the American right agreeing on the issue of revolution.

I see the people in that photo more as targets than allies,though.

sneakypete  posted on  2016-12-01 06:52:51 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 2.

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