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Bernardo de La Paz

(60,320 posts)
2. I don't think tRump can create laws by Executive order, especially blatantly unconstitutional ones
Fri Oct 3, 2025, 08:45 PM
Oct 2025

As I understand it, flag burning is settled law and protected speech.

marybourg

(13,659 posts)
3. Uh,oh. In my town, the Posse collects worn-out flags and
Fri Oct 3, 2025, 08:46 PM
Oct 2025

burns them once a year, then buries the ashes. It’s considered “respectful disposal”.

Bernardo de La Paz

(60,320 posts)
5. Here's the Order
Fri Oct 3, 2025, 08:52 PM
Oct 2025
https://www.federalregister.gov/documents/2025/08/28/2025-16616/prosecuting-burning-of-the-american-flag

He thinks he can make it apply by defining the action as inciting violence and hate speech or violating local ordinances restricting burning of objects in some circumstances. Those will be tough cases to prove but they don't care. They think that arrest and costly court cases are punishment enough even if the DoJ will almost always lose.

Notwithstanding the Supreme Court's rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to “fighting words” is constitutionally protected. See Texas v. Johnson, 491 U.S. 397, 408-10 (1989).


tblue37

(68,449 posts)
6. The SCOTUS long ago already said flag burning is protected speech. This order is clearly unconstitutional.
Fri Oct 3, 2025, 08:53 PM
Oct 2025

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