Donald Trump issues order defying Supreme Court precedent

[iemanja]

Source: Newsweek

A new executive order signed by President Donald Trump on Monday will allow for the prosecution of people involved in the burning of the American flag. This is in direct opposition to a precedent set by the Supreme Court in the Texas vs. Johnson case in 1989 that deemed the action an act of "symbolic speech."

The executive order would create a penalty of one year in jail, Trump said during a press conference in the Oval Office. . .

The executive order signed by Trump on Monday is in opposition to a legal precedent set by the Supreme Court in 1989 when it reached a 5-4 decision in Texas v. Johnson. Justice William Brennan wrote that the government could not prohibit expressive conduct merely because society found it offensive.

Should the order move forward, arrests for burning the American flag would face possible legal challenges and could warrant a revisiting of the precedent.

Read more: https://www.msn.com/en-us/news/us/donald-trump-issues-order-defying-supreme-court-precedent/ar-AA1LbmDH?ocid=msedgntp&pc=HCTS&cvid=68acc0482071419386bd94e13a982949&ei=10

[chicoescuela]

1. No problem. We erred last time. Now a felony to burn the flag.

Love John Roberts

[iemanja]

2. He imagines he can prosecute people in foreign countries

The order says that those who burn an American flag, whether in the U.S. or other countries, will be subject to prosecution and penalties.

[Captain Zero]

4. He's so fucking delusional and

a megalomaniac.

[thesquanderer]

18. I suppose he can have "his" DOJ go after them if and when they return to the U.S....

... though no law to prosecute them exists (yet).

[Irish_Dem]

3. The Supreme Court might as well retire to their expensive billionaire paid for vacation homes.

Plus all their retirement income and benefits.

Stop pretending to work for the people and the US Constitution.

[Captain Zero]

5. A real American will test this pretty quick

Right in front of the white house.
They should set up a straw statue of Trump holding a flag and then light the flag.

[Irish_Dem]

8. Someone just did.

https://www.democraticunderground.com/104411644

[Harker]

9. Or light the Trumpsky...

[Cirsium]

12. But...

Wouldn't that be a straw man argument?

[Harker]

6. I'd do whatever I want with my little flags that I use to adorn my protest signs.

I would never burn anyone else's flag.

I thought that in some cases burning a flag was correct etiquette.

[Cirsium]

13. Correct

"I thought that in some cases burning a flag was correct etiquette."

Yes.

The flags that are no longer serviceable are presented to Legion commanders, who inspect them to make sure they should, in fact, be discarded. When it's agreed upon that they've reached their current worn state due to proper service of tribute, memory and love, a color guard presents the colors and a chaplain offers prayers.

As the crowd salutes, the flag detail dips the retired flags into kerosene and puts them on a rack over the fire. A bugler sounds "To the Colors."

https://www.defense.gov/News/Feature-Stories/story/article/2206946/how-to-properly-dispose-of-worn-out-us-flags/

[republianmushroom]

7. What are you going to do chief justice roberts ??

[Orrex]

15. He's going to say "please shit in my mouth again, Mr. President!"

You know, like he says every time.

[BootinUp]

10. Light em up. nt

[Fiendish Thingy]

11. Nobody's going to jail for flag burning

Judges impose sentences, and if no law was broken (and there is no law, only an executive order), there won’t even be a trial.

[ruet]

30. Bet?

I don't think you understand where we're at.

[Fiendish Thingy]

34. Okay, let me be more specific

Nobody is going to be indicted, tried, convicted or sentenced by a judge for violating a presidential executive order.

What Trump’s Brownshirt goons do is another matter..

[ruet]

31. Oops..

[Fiendish Thingy]

35. Has he been sentenced to incarceration by a judge?

AFAIK, he hasn’t even been charged/indicted with violating a presidential executive order…because that isn’t a thing in the Justice system.

[Marthe48]

14. What do you get for burning The Constitution?

n/t

[Harker]

17. Re-elected.

[littlemissmartypants]

24. DUzy! 🥇🏆

[Sane1]

19. Question for Shitler

Is beating the crap out of a cop during the insurrection with an American flag mounted on wooden pole and used like a bat as bad as burning it??

[PSPS]

20. We enact laws by the king's fiat now?

This sideshow, solely to give the MAGA erections, is enough to knock epstein out of the news for a while.

[markodochartaigh]

25. Exactly.

This isn't about burning, or disrespecting, the US flag. This is about proving that the president's power is superior to the power of the supreme court.

[V850i]

21. No need for Congress to make laws

He apparently has that power as well now. No need for a Supreme Court either as they will just jump in and say how high? Why make them go through the process??

[progressoid]

22. What if it only has 48 stars? Or is one of those ridiculous black and white ones for cops?

[Bluetus]

23. That isn't how Executive Orders work

EOs are simply instructions to the people that work in any agencies in the executive branch. They don't apply to anybody else.

Trump can order DOJ lawyers to try to prosecute flag-burning cases. But they will be tried under the existing laws and Constitution. Nothing that Trump writes in an EO changes that, even if he uses the biggest Sharpie ever invented.

[Martin Eden]

26. Is it against the law to wipe your ass with the Constitution?

If so, Trump should be arrested.

[moonshinegnomie]

27. id love to see a coupl dozen people start buring flags in front of the white house

and in front of mar a lago and in front of every one of his golf courses

[BurnDoubt]

28. What's the penalty for shitting on it?

Did he say?

[fujiyamasan]

29. Anyone remember the days when bad and unconstitutional policy

Was simply the result of bad legislation? Ah how quaint…

Now it’s a one man decree. Next thing you know he’ll be naming the days of the week after his family like the former dictator of Turkmenistan (or another one of those bekki bekki …stans).

[twodogsbarking]

32. America is supposed to be a country of ideals, not flags, songs or pledges. Many people don't understand "ideals'

because the are MORONS, in red hats with one hand falling off.

[BigmanPigman]

33. He fondles and caresses American flags on his stages

Isn't THAT offensive? Maybe he is afraid his flag-wearing base will turn on him and burn their flags in protest.