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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.
Nobody should burn the American flag, but our Constitution secures our right to do so. No president is allowed to burn the First Amendment. https://t.co/nVkq6WcbHV Justin Amash (@justinamash) November 29, 2016
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. Its completely despicable, Jason Miller told CNNs New Day."
Rep. Sean Duffy (R-Wis.) told CNN he disagrees with Trump, though.
I dont 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. Well protect our First Amendment. Thats what the court has upheld, he said on MSNBCs Morning Joe on Tuesday.
Poster Comment:
House Majority Leader Kevin McCarthy (R-Calif.) also split with Trump and defended flag burning as free speechAlready there are the beginnings of an impeach Trump movement in the HOR, and he hasn't even taken office yet.
#3: Justified To: hondo68 (#0)
He would own your ass if you did business with or against him.
Dims played chess while pubic hair played checkers. Now trump plays 3D chess and it's blowing everyone's mind!
Omg!!!
Justified posted on 2016-11-30 21:19:36 Reply Private Reply
#4: Roscoe To: hondo68 (#0)
You America-haters love altering the Constitution through judicial legislation and penumbral emanations.
Roscoe posted on 2016-11-30 22:44:11 Reply Private Reply
#5: Hondo68 To: America-hater, Roscoe, collectivist, communist, progressive thug, *Bill of Rights-Constitution* (#4)
And you don't respect private property either, so you're a communist as well!
If they own the flag, they can do with it as they wish, you commie rat.
Hondo68 posted on 2016-11-30 23:06:35 Reply Private Reply
#6: nolu chan To: misterwhite, hondo68 (#1)
Flag burning is a protected form of political expression.
https://supreme.justia.com/cases/federal/us/491/397/case.html
https://supreme.justia.com/cases/federal/us/496/310/case.html
United States v. Eichman, 496 U.S. 310 (1990)
nolu chan posted on 2016-11-30 23:43:04 Reply Private Reply
#7: Roscoe To: hondo68 (#5)
If they own the loudspeaker, they can use it to incite an immediate breach of the peace, by your pathetic attempt at reasoning.
Roscoe posted on 2016-11-30 23:48:46 Reply Private Reply
#8: Hondo68 To: Roscoe, LBJ, Trump, bullhorn em (#7)
Your ignorance of the BOR knows no bounds!
A little further along in the 1st amendment is the right to petition the government for redress of grievances. We used to go to the White House to yell at LBJ in the '60's! These high rollers can afford a bullhorn. Good for them.
Alex Jones explains the 1st and liberty to your commie brethren....
Hondo68 posted on 2016-12-01 00:20:51 Reply Private Reply
#9: calcon To: hondo68 (#8)
you should as hell strike me as some alex jones loon,
TRUMP WON and you can't get over it, you pretend that he didn't or that you morons will impeach him,but you silly people can't do anything but posture and whine like little girls
your tears of pain are salty but enjoyable, post some more of your stupid sh*t it just gets funnier.
calcon posted on 2016-12-01 00:44:19 Reply Private Reply
#10: Hondo68 To: calcon, Trumpanzees, easy marks (#9)
Alex is a Trumpanzee so he's closer to you. Jones is a Trumptard because playing that game puts money in his pocket. Like Trump, he's good at playing the suckers.
Hondo68 posted on 2016-12-01 01:28:50 Reply Private Reply
#11: Roscoe To: hondo68 (#8)
And did that incite an immediate breach of the peace?
Weakling.
Roscoe posted on 2016-12-01 05:09:17 Reply Private Reply
#12: Roscoe To: hondo68 (#10)
It's going to be a terrible eight years for you, snowflake. Great for people who work for a living.
Roscoe posted on 2016-12-01 05:12:30 Reply Private Reply
#13: Deckard To: hondo68 (#0)
Amash is arguably the most pro-freedom loving politician in DC.
Wonder why none of the candidates for POTUS ever even mentioned cutting back on the police/surveillance state.
Instead we have a right wing version of Hillary as president.
Deckard posted on 2016-12-01 05:24:11 Reply Private Reply
#14: Deckard To: misterwhite (#1)
Is Flag Burning Protected Speech?
Before the Supreme Court ruled that burning your own flag in public is lawful, federal law and numerous state laws had made it criminal to do so. In analyzing those laws before it declared them to be unconstitutional, the Court looked at the original public understanding of those laws and concluded that they were intended not as fire safety regulations the same statutes permitted other public fires but rather as prophylactics intended to coerce reverence for the American flag by criminalizing the burning of privately owned pieces of cloth that were recognizable as American flags.
That is where the former statutes ran into trouble. Had they banned all public fires in given locations, for public safety sake, they probably would have withstood a constitutional challenge. But since these statutes were intended to suppress the ideas manifested by the public flag burning, by making the public expression of those ideas criminal, the statutes ran afoul of the First Amendment.
The First Amendment, which prohibits Congress from enacting laws infringing upon the freedom of speech, has consistently been interpreted in the modern era so as to insulate the public manifestation of political ideas from any government interference, whether the manifestation is by word or deed or both. This protection applies even to ideas that are hateful, offensive, unorthodox and outright un-American. Not a few judges and constitutional scholars have argued that the First Amendment was written for the very purpose of protecting the expression of hateful ideas, as loveable or popular ideas need no protection.
Deckard posted on 2016-12-01 05:25:55 Reply Private Reply
#15: Roscoe To: Deckard (#14)
In the case of burning the American flag in public, the danger to public safety did NOT lie in the possibility of accidentally burning someone.
Transparent and lame.
Roscoe posted on 2016-12-01 05:31:23 Reply Private Reply
#16: Deckard To: calcon, hondo68 (#9)
I guess Trump is one of those "Alex Jones loons" too.
Alex Jones: Trump called to say thanks for support, will appear on show soon
Deckard posted on 2016-12-01 05:31:41 Reply Private Reply
#17: sneakypete To: misterwhite (#1)
And all 3 reasons are meaningless because the courts have consistently ruled that flag burning is a form of political free speech.
I personally wouldn't have it any other way. Seems to me we have the enemy identifying themselves. Seems like win/win to me.
sneakypete posted on 2016-12-01 06:48:35 Reply Private Reply
#18: Roscoe To: sneakypete (#17)
5/4 1989
Time to return to original intent.
Roscoe posted on 2016-12-01 06:50:25 Reply Private Reply
#19: sneakypete To: hondo68 (#2)
I see the people in that photo more as targets than allies,though.
sneakypete posted on 2016-12-01 06:52:51 Reply Private Reply
#20: sneakypete To: Deckard (#13)
Because the vast majority are leftists that rely on the police state to protect them.
There are no prominent powerful conservatives left in America politics.
sneakypete posted on 2016-12-01 06:56:28 Reply Private Reply
#21: misterwhite To: nolu chan (#6)
misterwhite posted on 2016-12-01 09:01:46 Reply Private Reply
#22: sneakypete To: Roscoe (#18)
Original Intent was FREE SPEECH in ALL it's many forms,and NO speech was to be freer than "Political Speech".
Be careful what you ask for,lest you get it.
sneakypete posted on 2016-12-01 09:32:52 Reply Private Reply
#23: Roscoe To: sneakypete (#22)
[N]othing in the text of the Constitution, or in the eighteenth-century understanding of freedom of speech, supports the proposition that prohibiting the burning of the flag infringes free speech... - Judge Richard Posner
Roscoe posted on 2016-12-01 09:36:08 Reply Private Reply
#24: sneakypete To: Roscoe (#23)
Yeah,but what would Judge Judy say?
sneakypete posted on 2016-12-01 15:18:52 Reply Private Reply
#25: Roscoe To: sneakypete (#24)
Roscoe posted on 2016-12-01 15:43:38 Reply Private Reply
#26: Deckard To: Roscoe, sneakypete, hondo68 (#23)
Interesting that you would quote someone like Posner as a source for your dementia.
Judge Richard Posner: No value in studying the U.S. Constitution
I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries well, just a little more than two centuries, and of course less for many of the amendments), he wrote. Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century.
Richard Posner
Abortion
Posner has written several opinions sympathetic to abortion rights, including a decision that held that late term abortion was constitutionally protected in some circumstances.[20]
In November 2015 Posner authored a decision in Planned Parenthood of Wisconsin, inc., et al. v. Brad D. Schimel striking down regulations on abortion clinics in Wisconsin. He rejected the state's argument that the laws were written to protect the health of women and not to make abortion more difficult to obtain. Accusing the state of indirectly trying to ban abortions in the state Posner wrote, "They [Wisconsin] may do this in the name of protecting the health of women who have abortions, yet as in this case the specific measures they support may do little or nothing for health, but rather strew impediments to abortion.
Drugs
Posner opposes the US "War on Drugs" and called it "quixotic". In a 2003 CNBC interview he discussed the difficulty of enforcing criminal marijuana laws, and asserted that it is hard to justify the criminalization of marijuana when compared to other substances. In a talk at Elmhurst College in 2012, Posner said that "I don't think that we should have a fraction of the drug laws that we have. I think it's really absurd to be criminalizing possession or use or distribution of marijuana.
National Security
At the Cybercrime 2020: The Future of Online Crime and Investigations conference held at Georgetown University Law Center on November 20, 2014, Posner, in addition to further reinforcing his views on privacy being over-rated, stated that "If the NSA wants to vacuum all the trillions of bits of information that are crawling through the electronic worldwide networks, I think that's fine.
... Much of what passes for the name of privacy is really just trying to conceal the disreputable parts of your conduct," Posner added. "Privacy is mainly about trying to improve your social and business opportunities by concealing the sorts of bad activities that would cause other people not to want to deal with you."
Posner also criticized mobile OS companies for enabling end-to-end encryption in their newest software. "I'm shocked at the thought that a company would be permitted to manufacture an electronic product that the government would not be able to search" he said
Same-sex marriage
In September 2014, Posner authored the opinions in the consolidated cases of Wolf v. Walker and Baskin v. Bogan challenging Wisconsin and Indiana's state level same-sex marriage bans. The opinion of the three-judge panel on the 7th Circuit Court of Appeals ruled that Indiana and Wisconsin's bans on same-sex marriage were unconstitutional, affirming a lower court ruling.[4]
During oral arguments, Wisconsin's Attorney General cited tradition as a reason for maintaining the ban, prompting Posner to note that: "It was tradition to not allow blacks and whites to marry a tradition that got swept away." Posner claimed that the same-sex marriage bans were both "a tradition of hate" and "savage discrimination".[36] Posner wrote the opinion for the unanimous panel, suggesting the laws unconstitutional under the Equal Protection Clause. The Supreme Court then denied writ of certiorari and left Posner's ruling to stand.
Today, although generally viewed as to the right in academia, Posner's pragmatism, his qualified moral relativism and moral skepticism,[16] and his affection for the thought of Friedrich Nietzsche set him apart from most American conservatives.
As a judge, with the exception of his rulings with respect to the sentencing guidelines and the recording of police actions, Posner's judicial votes have always placed him on the moderate-to-liberal wing of the Republican Party, where he has become more isolated over time.
In July 2012, Posner stated, "I've become less conservative since the Republican Party started becoming goofy.
Obamas Favorite Law Professor (The apple doesn't fall far from the tree)
Eric Posner hates freedom of speech.
The University of Chicago law prof made this clear in an article for Slate in 2012 titled The World Doesnt Love the First Amendment. Americans, Posner wrote, need to learn that the rest of the world and not just Muslims see no sense in the First Amendment, and realize that they might have a point.
Posner, son of Judge Richard Posner and a former classmate of President Barack Obama at Harvard Law School, likened the First Amendment to a dear old uncle who enacted heroic deeds in his youth but on occasion says embarrassing things about taboo subjects in his decline.
Now Posner has weighed in on freedom of the press. Turns out hes against that, too.
In the case in question, New York Times reporter James Risen is being ordered by the federal government to name his source for a story about an attempt by the CIA to scuttle Irans nuclear weapons program.
This is part of the Obama administrations alleged war on whistleblowers. Risen is being ordered to testify in the governments case against former CIA hand James Sterling.
Posner, who must be one of Obamas favorite law professors after he sided with the censors on Benghazi and argued the president could unilaterally lift the debt limit with few consequences, is very much rooting against the journalists.
The prof argues the press has not earned our trust. Why, if the Supreme Court were to create a reporters privilege, it would encourage leaks that ought to be plugged.
Official White House mouthpiece Jay Carney couldnt have said it better.
Deckard posted on 2016-12-01 16:25:00 Reply Private Reply
#27: Hondo68 To: sneakypete, Deckard (#20)
jones.house.gov/
Walter B. Jones is still in the HOR, and retains his seat on the Armed Services Committee, in spite of Boehner removing him from others. At 73 years old, he still refuses to tow the party line. He's also a member of the Liberty Caucus.
Some people never learn. ;)
Hondo68 posted on 2016-12-01 16:31:54 Reply Private Reply
#28: A K A Stone To: sneakypete (#20)
A K A Stone posted on 2016-12-01 16:38:20 Reply Private Reply
#29: Roscoe To: Deckard (#26)
Flag burning isn't particularly high tech. Even you could figure out how to do it.
Roscoe posted on 2016-12-01 16:39:02 Reply Private Reply
#30: Deckard To: Roscoe (#29)
I see you are afraid to own up to your apparent worship of a leftist like Posner.
Sucks to be you.
Deckard posted on 2016-12-01 16:41:21 Reply Private Reply
#31: Roscoe To: Deckard (#30)
Roscoe posted on 2016-12-01 16:42:46 Reply Private Reply
#32: Deckard To: Roscoe (#31)
The historical facts show Posner to be a a pro-abortion, pro-homo marriage loon, yet you parrot his statements as if they were Gospel.
To be fair, he did get it right on the marijuana question.
Deckard posted on 2016-12-01 16:46:05 Reply Private Reply
#33: Roscoe To: Deckard (#32)
And once again your flee the historical facts regarding the actual meaning and original intent of the First Amendment, gibbering angrily.
Work up whatever minuscule reserve of nerve you might have, and at least try.
Roscoe posted on 2016-12-01 16:49:23 Reply Private Reply
#34: Deckard To: Roscoe (#31)
Posner: "Privacy is mainly about trying to improve your social and business opportunities by concealing the sorts of bad activities that would cause other people not to want to deal with you."
Hmmm...where have we heard that type of statement before?
Oh, I know..
Deckard posted on 2016-12-01 16:52:32 Reply Private Reply
#35: Deckard To: Roscoe (#33)
The issue has been settled, didn't you get the memo?
By all means, keep up the delusional belief that burning a flag is not protected by the First Amendment.
Deckard posted on 2016-12-01 16:55:38 Reply Private Reply
#36: Roscoe To: Deckard (#35)
Quote the "memo."
You've fled in terror each time you've been challenged so far.
Roscoe posted on 2016-12-01 16:59:57 Reply Private Reply
#37: Roscoe To: Deckard (#34)
"The statute of Nebraska preventing and punishing the desecration of the flag of the United States and prohibiting the sale of articles upon which there is a representation of the flag for advertising purposes is not unconstitutional..." - Halter v. Nebraska, 205 U.S. 34 (1907)
Roscoe posted on 2016-12-01 17:05:58 Reply Private Reply
#38: Hondo68 To: Roscoe (#31)
And Donnie...
Hondo68 posted on 2016-12-01 17:09:36 Reply Private Reply
#39: Roscoe To: hondo68 (#38)
Roscoe posted on 2016-12-01 17:11:14 Reply Private Reply
#40: nolu chan To: misterwhite (#21)
Political speech is protected. Hate speech is not necessarily political speech and can be made for the purpose of creating a disturbance.
If Donald Trump went somewhere and gave a political speech, and a bunch of rabble took umbrage and decided to riot, that does not make the speech of Donald Trump a crime. The rioters commit a criminal act.
nolu chan posted on 2016-12-01 17:35:20 Reply Private Reply
#41: nolu chan To: Roscoe, Deckard (#37)
Halter was brought under the 14th Amendment regarding use of the flag in advertising, and not as a case of individual free speech. The court ruled, "we cannot hold that any privilege of American citizenship or that any right of personal liberty is violated by a state enactment forbidding the flag to be used as an advertisement on a bottle of beer."
https://supreme.justia.com/cases/federal/us/205/34/case.html
U.S. Supreme Court
Halter v. Nebraska, 205 U.S. 34 (1907)
Halter v. Nebraska
No. 174
Submitted January 23, 1907
Decided March 4, 1907
[excerpts]
- - - - - - - - - -
nolu chan posted on 2016-12-01 18:02:44 Reply Private Reply
#42: sneakypete To: hondo68 (#27)
True,but it has mostly been the alleged Republican Party that has made a determined effort to keep him in the background. Have you ever seen him on one of the Sunday political talk shows?
The area where the USMC base named Camp LeJune is located in is in Jones district,and he actually appeared before an assembly of Marines on the base and gave an anti-Iraq invasion speech before the invasion happened,and I read on the web the report from the local paper that said the Marines gave him a standing ovation for doing so. I stood up and gave him a standing ovation myself when reading about it. I have been hoping ever since that he would run for president.
I am guessing that was the only newspaper that wrote about this.
sneakypete posted on 2016-12-01 18:04:35 Reply Private Reply
#43: sneakypete To: A K A Stone (#28)
Thanks! So were Thomas Jefferson,Ben Franklin,and George Washington.
sneakypete posted on 2016-12-01 18:05:48 Reply Private Reply
#44: misterwhite To: nolu chan (#40)
Depends on the content and the intent of that speech.
But burning the flag is done intentionally to provoke a reaction, to incite an immediate breach of the peace, or to incite imminent lawless action.
misterwhite posted on 2016-12-01 18:11:24 Reply Private Reply
#45: sneakypete To: nolu chan (#40)
I think that even you will admit that is one VERY blurry line.
sneakypete posted on 2016-12-01 18:11:58 Reply Private Reply
#46: nolu chan To: misterwhite (#44)
Burning a flag is done as a form of political expression and all you just said has been repeatedly rejected by the U.S. Supreme Court.
Frequently, the very purpose of protected political expression is to provoke a reaction. If someone decides to indulge themselves in a breach of the peace or other lawless action, they are the one committing the criminal action.
If a nitwit at a Trump rally was incited to some nitwittery, they did not arrest Donald Trump and remove him from the venue.
nolu chan posted on 2016-12-01 18:42:57 Reply Private Reply
#47: nolu chan To: sneakypete (#45)
It certainly can be. But if someone is arrested for burning a flag, it is almost guaranteed that his attorney will argue that it was political expression. It would be a real challenge to show that there was no political intent.
A law prohibiting flag burning per se, prohibits political expression.
Hate speech has a nebulous character. Nowadays, it seems snowflakes call anything they do not like hate speech, and they run off to their safe space.
nolu chan posted on 2016-12-01 18:54:35 Reply Private Reply
#48: A K A Stone To: sneakypete (#43)
lol
They were classical liberals.
You're a leftist liberal 75 percent of the time.
A K A Stone posted on 2016-12-01 19:09:04 Reply Private Reply
#49: sneakypete To: A K A Stone (#48)
Only from the POV of a dogmatic loon.
As I keep saying over and over,and over,and over......,We are either ALL free,or NONE of us are free.
It is such a simple concept I honestly can't understand how anyone could not understand it. A government that has the authority to monitor and punish MY thoughts,words,and political deeds,also has the authority to monitor and punish YOUR thoughts,words,and political deeds.
And if they can,they will. It is the nature of ALL governments EVERYWHERE to seize all the power they can seize in order to stay in power. Free Speech is the most important tool we citizens have to use to prevent that from happening here.
sneakypete posted on 2016-12-01 19:23:43 Reply Private Reply
#50: misterwhite To: nolu chan (#46)
What's it going to take -- someone getting injured or killed burning the flag?
misterwhite posted on 2016-12-01 19:27:28 Reply Private Reply
#51: A K A Stone To: sneakypete (#49)
No problem with that.
I just disagree with you that Floyd Mayweather should be on the woman's olynmpic boxing team.
That doesn't make him any less equal and free if he isn't allowed.
A K A Stone posted on 2016-12-01 19:29:31 Reply Private Reply
#52: misterwhite To: nolu chan (#47)
States ban cross burning and there's no constitutional crisis. Flag burning can be banned for the same reason -- the intent is to provoke a reaction, to incite an immediate breach of the peace, or to incite imminent lawless action.
misterwhite posted on 2016-12-01 19:32:44 Reply Private Reply