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U.S. Constitution
See other U.S. Constitution Articles

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: 99446
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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#81. To: A K A Stone (#78)

When and where have I ever made such a claim?

Oh so you are a hypocrite on what you said earlier. It's ok a lot of people are inconsistent. TO bad you're inconsistent in the evil direction.

In that case it should be easy for you to produce quotes from me.

Do it,or STFU about it.

BOYCOTT PAYPAL AND CLOSE YOUR PP ACCOUNTS NOW! ENCOURAGE OTHERS TO DO SO,TOO!

ISLAM MEANS SUBMISSION!

Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)

American Indians had open borders. Look at how well that worked out for them.

sneakypete  posted on  2016-12-03   0:25:15 ET  Reply   Trace   Private Reply  


#82. To: nolu chan (#80)

using the U.S. flag on bottles of beer for advertising purposes is not protected free speech.

Not protected by who, shit for brains?

Roscoe  posted on  2016-12-03   0:45:57 ET  Reply   Trace   Private Reply  


#83. To: Roscoe (#82)

Not protected by who, shit for brains?

Assholes on the internet with diarrhea of the mouth.

nolu chan  posted on  2016-12-03   3:58:43 ET  Reply   Trace   Private Reply  


#84. To: nolu chan (#79)

"I did not place the blame."

Person "A" does something offensive. Person "B" reacts. You place 100% of the blame on person "B" and ignore person "A"'s actions which instigated the confrontation.

Yes. You did place the blame.

"I cited and quoted the U.S. Supreme Court"

So? Everyone knows how the U.S. Supreme Court ruled. If you believe their word is the final word and that's the sum and substance of your argument, why are we even discussing the issue?

misterwhite  posted on  2016-12-03   9:39:10 ET  Reply   Trace   Private Reply  


#85. To: Roscoe, nolu chan (#82)

"Not protected by who, shit for brains?"

You can ask and ask and he'll never get it. So it's lesson time.

Back in 1907, before the 14th amendment was perverted by activist judges, the Bill of Rights first amendment did NOT apply to the states. Gasp!

Meaning that states were allowed to pass any laws they wished restricting any activity mentioned by the first amendment.

Oh how I long for the days of a federal republic.

misterwhite  posted on  2016-12-03   9:53:36 ET  Reply   Trace   Private Reply  


#86. To: nolu chan (#83)

Assholes on the internet with diarrhea of the mouth.

IOW, you.

Roscoe  posted on  2016-12-03   11:26:55 ET  (1 image) Reply   Trace   Private Reply  


#87. To: misterwhite (#85) (Edited)

You can ask and ask and he'll never get it.

Shit-For-Brain's disengenous passive voice evasions and ambiguous terms are all too predictable.

Roscoe  posted on  2016-12-03   11:30:49 ET  (1 image) Reply   Trace   Private Reply  


#88. To: Roscoe, misterwhite (#87) (Edited)

You can ask and ask and he'll never get it.

Seems to me that you two clowns don't get it - flag burning has been ruled by SCOTUS as protected speech.

I suggest you both sober up and stop whining about it.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-12-03   11:33:33 ET  Reply   Trace   Private Reply  


#89. To: Deckard (#88)

It's not speech. Still terrified to quote the Court, I see.

Roscoe  posted on  2016-12-03   11:37:33 ET  Reply   Trace   Private Reply  


#90. To: Roscoe (#89)

Still terrified to quote the Court, I see.

Read the thread simpleton.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-12-03   11:39:00 ET  Reply   Trace   Private Reply  


#91. To: Deckard (#90)

Still terrified to quote the Court, I see.

Roscoe  posted on  2016-12-03   11:40:48 ET  Reply   Trace   Private Reply  


#92. To: Roscoe (#91) (Edited)

When the Supreme Court ruled to allow American flag burning

On June 21, 1989, a deeply divided United States Supreme Court upheld the rights of protesters to burn the American flag in a landmark First Amendment decision.

In the controversial Texas v. Johnson case, the Court voted 5-4 in favor of Gregory Lee Johnson, the protester. Johnson’s actions, the majority argued, were symbolic speech political in nature and could be expressed even at the affront of those who disagreed with him.

Justice William Brennan wrote the majority decision, with Justices Anthony Kennedy, Thurgood Marshall, Harry Blackmun and Antonin Scalia concurring.  “Johnson was convicted for engaging in expressive conduct. The State’s interest in preventing breaches of the peace does not support his conviction because Johnson’s conduct did not threaten to disturb the peace,” said Brennan. “Nor does the State’s interest in preserving the flag as a symbol of nationhood and national unity justify his criminal conviction for engaging in political expression.”

Justice Anthony Kennedy, writing a concurrence, spelled out his reasoning succinctly.

“The hard fact is that sometimes we must make decisions we do not like. We make them because they are right, right in the sense that the law and the Constitution, as we see them, compel the result,” Kennedy said. “And so great is our commitment to the process that, except in the rare case, we do not pause to express distaste for the result, perhaps for fear of undermining a valued principle that dictates the decision. This is one of those rare cases.

In 1984, Gregory Lee Johnson burned a flag at the Republican National Convention in Dallas. Officials in Texas arrested Johnson and convicted him of breaking a state law; he was sentenced to one year in prison and ordered to pay a $2,000 fine.

In reaction to the Johnson decision, which only applied to the state of Texas, Congress passed an anti-flag burning law called the Flag Protection Act of 1989. But in 1990, the Court struck down that law as unconstitutional.

“If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable,” said Justice William Brennan.

Now crawl back in your hole.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-12-03   11:51:32 ET  Reply   Trace   Private Reply  


#93. To: Deckard (#92)

Johnson was convicted for engaging in expressive conduct.

Expressive conduct, whatever that is. Not speech. You really should try reading your cut and pastes.

Roscoe  posted on  2016-12-03   12:00:25 ET  Reply   Trace   Private Reply  


#94. To: Roscoe (#93)

Johnson was convicted for engaging in expressive conduct.

Expressive conduct, whatever that is. Not speech. You really should try reading your cut and pastes.

Maybe you should learn to read the entire post instead of cherry-picking the sentences that you delusionally believe bolster your case.

In reaction to the Johnson decision, which only applied to the state of Texas, Congress passed an anti-flag burning law called the Flag Protection Act of 1989. But in 1990, the Court struck down that law as unconstitutional.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-12-03   12:10:51 ET  Reply   Trace   Private Reply  


#95. To: Deckard (#94)

In reaction to the Johnson decision, which only applied to the state of Texas, Congress passed an anti-flag burning law called the Flag Protection Act of 1989. But in 1990, the Court struck down that law as unconstitutional.

1. The word "speech" doesn't even appear in the quote.

2. It's not a quote from the decision.

Be careful not to set yourself on fire at your next flag burning.

Roscoe  posted on  2016-12-03   12:13:31 ET  Reply   Trace   Private Reply  


#96. To: Roscoe (#95)

1. The word "speech" doesn't even appear in the quote.

The Court found that, "Under the circumstances, Johnson's burning of the flag constituted expressive conduct, permitting him to invoke the First Amendment.

... Occurring as it did at the end of a demonstration coinciding with the Republican National Convention, the expressive, overtly political nature of the conduct was both intentional and overwhelmingly apparent." The court concluded that, while "the government generally has a freer hand in restricting expressive conduct than it has in restricting the written or spoken word," it may not "proscribe particular conduct because it has expressive elements."

The Court rejected "the view that an apparently limitless variety of conduct can be labeled 'speech' whenever the person engaging in the conduct intends thereby to express an idea," but acknowledged that conduct may be "sufficiently imbued with elements of communication to fall within the scope of the First and Fourteenth Amendments."

In deciding whether particular conduct possesses sufficient communicative elements to bring the First Amendment into play, the court asked whether "an intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood by those who viewed it."

You will never accept the fact that flag burning has been ruled constitutional by SCOTUS, so we're done here.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-12-03   12:26:21 ET  Reply   Trace   Private Reply  


#97. To: Deckard (#96)

"the government generally has a freer hand in restricting expressive conduct than it has in restricting the written or spoken word," it may not "proscribe particular conduct because it has expressive elements."

Conduct, not speech. Nice foot shot!

When you and your cronies expressively wiggle your dinkies in front of an elementary school, that's not speech either.

Roscoe  posted on  2016-12-03   12:29:58 ET  Reply   Trace   Private Reply  


#98. To: Roscoe (#97)

Conduct, not speech.

Do you not understand the meaning of the phrase "elements of communication"?

The Court rejected "the view that an apparently limitless variety of conduct can be labeled 'speech' whenever the person engaging in the conduct intends thereby to express an idea," but acknowledged that conduct may be "sufficiently imbued with elements of communication to fall within the scope of the First and Fourteenth Amendments.

Fucking moron.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-12-03   12:41:09 ET  Reply   Trace   Private Reply  


#99. To: Deckard (#98)

Do you not understand the meaning of the phrase "elements of communication"?

Do you understand the meaning of the word "ambiguous"?

Roscoe  posted on  2016-12-03   12:46:17 ET  Reply   Trace   Private Reply  


#100. To: Roscoe (#99)

Good grief man - your whining is becoming tiresome.

SCOTUS has settled the issue - just deal with it.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-12-03   12:49:00 ET  Reply   Trace   Private Reply  


#101. To: Deckard (#100)

The 5/4 decision doesn't even say flag burning is speech. Your hatred of our Constitution and original intent permeates your every post.

Roscoe  posted on  2016-12-03   12:52:42 ET  Reply   Trace   Private Reply  


#102. To: Roscoe (#101)

The 5/4 decision doesn't even say flag burning is speech.

WTF do you think the First Amendment protects?

Your hatred of our Constitution

Your hatred of free speech is deplorable.

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-12-03   12:56:32 ET  Reply   Trace   Private Reply  


#103. To: Deckard (#102)

WTF do you think the First Amendment protects?

Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Anything else I can help you with?

Roscoe  posted on  2016-12-03   12:58:11 ET  Reply   Trace   Private Reply  


#104. To: Deckard (#102)

"WTF do you think the First Amendment protects?"

Nude dancing.

misterwhite  posted on  2016-12-03   13:24:03 ET  Reply   Trace   Private Reply  


#105. To: misterwhite (#104)

Nude dancing.

And street riots (aka uprisings, fka looting).

Roscoe  posted on  2016-12-03   13:33:11 ET  Reply   Trace   Private Reply  


#106. To: sneakypete (#81)

In that case it should be easy for you to produce quotes from me.

Ok if you want to go there.

You don't think Mayweather should be allowed to do what women do.

But you are not ok with some faggot not being to do what some women do.

Faggots are immoral not born that way. You're immoral too. That is a fact.

You're also a hypocrite and want special privileges for sex offenders.

Don't go making any pro faggot remarks. Pro faggot remarks are greeted with bannings.

A K A Stone  posted on  2016-12-04   8:42:20 ET  Reply   Trace   Private Reply  


#107. To: A K A Stone, sneakypete (#106)

Pro faggot remarks are greeted with bannings.

You need to change the LF Banner:

Welcome to Liberty's Flame

Welcome to Liberty's Flame, an online meeting place for liberty minded people to discuss any and all national and international current events. There will be discussions about our rights under the constitution and rights endowed to us from our creator. The new world order, Bush's wars, government corruption and the coming cashless society will also be included on the discussion boards. Foreign invasions threatening our nation and its culture. Guns, primitive weapons and outdoor survival will also have discussion boards. A "how to" board as well as boards for business and education. Any 9/11 related news and articles. A Bible discussion board for discussion and Bible study. Also for those users interested we'll also have a place for you to submit your own articles. Also a discussion area to leak documents. The discussion boards are not limited to the topics listed; any news that one feels needs to be discussed is welcome at Liberty's Flame. This site was built upon the idea of free speech so everyone is welcome to come and discuss and debate the issues on hand.

Otherwise you will be known as a hypocrite.

buckeroo  posted on  2016-12-04   11:08:54 ET  Reply   Trace   Private Reply  


#108. To: sneakypete (#75)

Are you pimping for your faggot friends again?

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-12-04   11:49:31 ET  Reply   Trace   Private Reply  


#109. To: buckeroo (#107)

You must be one of Stinky Pee Pee's faggot relatives.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-12-04   11:50:50 ET  Reply   Trace   Private Reply  


#110. To: GrandIsland (#109)

You are disgusting POS, donuteater.

buckeroo  posted on  2016-12-04   12:09:01 ET  Reply   Trace   Private Reply  


#111. To: A K A Stone (#106) (Edited)

You don't think Mayweather should be allowed to do what women do.

Name ONE woman that is a professional heavyweight boxer.

But you are not ok with some faggot not being to do what some women do.

Which is.....?

Faggots are immoral not born that way. You're immoral too. That is a fact.

No,it's religious dogma,which is nothing more than historic superstition.

You're also a hypocrite and want special privileges for sex offenders.

Either name the special privileges or admit you are a liar.

Don't go making any pro faggot remarks. Pro faggot remarks are greeted with bannings.

The sooner you come out of the closet and admit you are bi-sexual or homosexual,the happier you will be. You may even be happy for the first time in your life. Assuming of course you are not one of those people who are never happy unless they are unhappy. Most of those people vote Dim,though.

BTW,it is you and Fire Island who are ALWAYS the ones that bring up the issue of homosexuality here,not me. You might want to spend a little time wondering why that is the case.

BOYCOTT PAYPAL AND CLOSE YOUR PP ACCOUNTS NOW! ENCOURAGE OTHERS TO DO SO,TOO!

ISLAM MEANS SUBMISSION!

Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)

American Indians had open borders. Look at how well that worked out for them.

sneakypete  posted on  2016-12-04   12:40:46 ET  Reply   Trace   Private Reply  


#112. To: GrandIsland (#108)

Are you pimping for your faggot friends again?

You can tell your pimp to not worry. Nobody is trying to take you away from him,Princess.

BOYCOTT PAYPAL AND CLOSE YOUR PP ACCOUNTS NOW! ENCOURAGE OTHERS TO DO SO,TOO!

ISLAM MEANS SUBMISSION!

Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)

American Indians had open borders. Look at how well that worked out for them.

sneakypete  posted on  2016-12-04   12:44:26 ET  Reply   Trace   Private Reply  


#113. To: buckeroo (#110)

It must be stressful to live in fear like you do. Using the net to say shit that otherwise would cause your blood pressure to plummet

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-12-04   13:12:47 ET  Reply   Trace   Private Reply  


#114. To: GrandIsland (#113) (Edited)

Go FUCK YOURSELF with some of your 50,000 rusted primers from your mother's basement. Pack all of your rusted primers into your ass, queerbait. Make sure your mommy slaps your ass in the basement of her house.

buckeroo  posted on  2016-12-04   13:24:19 ET  Reply   Trace   Private Reply  


#115. To: buckeroo (#114)

My mom doesn't have a basement any more so than you have a set of balls. I can guarantee you, you wouldn't say any of the fucking things you think are "phunny", to my face... as you freely feel brave enough to flap your Stinky Pee Pee faggot flapping lips on here.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-12-04   14:05:03 ET  Reply   Trace   Private Reply  


#116. To: GrandIsland (#115)

You so nasty, GI. I bet you wet your basement cot in hopes that you can fuck yourself on a pillow crowded with rusted primers that were advertised as stainless steel but were not properly passivized when you bought SHIT from China. .

buckeroo  posted on  2016-12-04   14:21:10 ET  Reply   Trace   Private Reply  


#117. To: buckeroo (#116)

I'm nasty enough to arrive at your house for a PHYSICAL DOMESTIC... walk in and find you bled out due to a kitchen fork to your neck... and explain to your wife the elements of self defense before I question her about the crime scene.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-12-04   14:53:15 ET  Reply   Trace   Private Reply  


#118. To: GrandIsland (#117)

Nasty FUCK people are not allowed in my home.

buckeroo  posted on  2016-12-04   15:05:10 ET  Reply   Trace   Private Reply  


#119. To: buckeroo (#118)

Check case law. When your old lady calls 911... the Po Po is coming and entering... and if you don't like that, train your varmint family to not call for help. No search warrant needed.

You best live by yourself in the woods like the kook Uni bomber.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2016-12-04   19:12:38 ET  Reply   Trace   Private Reply  


#120. To: misterwhite (#84)

So? Everyone knows how the U.S. Supreme Court ruled. If you believe their word is the final word and that's the sum and substance of your argument, why are we even discussing the issue?

Because their opinion states what the law actually is and is enforceable, as distinguished from your misguided ruminations which are not the law and are not enforceable against anyone, no matter how much you insist on repeating your meaningless blather.

As you certify that you know that the U.S. Supreme Court precedent is, you have no valid excuse.

nolu chan  posted on  2016-12-04   19:49:24 ET  Reply   Trace   Private Reply  


#121. To: misterwhite (#85)

Back in 1907, before the 14th amendment was perverted by activist judges, the Bill of Rights first amendment did NOT apply to the states. Gasp!

Back in 1869 the 14th Amendment was passed. It went into effect 38 years before 1907. The 1907 case was a 14th Amendment case. It did not set a first amendment precedent then, and it is uncitable for such purpose now.

nolu chan  posted on  2016-12-04   19:53:07 ET  Reply   Trace   Private Reply  



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