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Maeve

(43,562 posts)
32. And that was ruled against in 1990, US v. Eichman
Wed Jun 24, 2020, 01:58 PM
Jun 2020
In an opinion by Justice Brennan and decided along the same 5–4 lines as in Texas v. Johnson, the Court held that the federal government, like the states, cannot prosecute a person for desecration of a United States flag, because to do so would be inconsistent with the First Amendment. The Government conceded that desecration of the flag constitutes expressive conduct and enjoys the First Amendment's full protection. It is clear that the "Government's asserted interest" in protecting the "physical integrity" of a privately owned flag in order "to preserve the flag's status as a symbol of the Nation" and certain national ideals, is related to the suppression, and concerned with the content of free expression.

https://en.wikipedia.org/wiki/United_States_v._Eichman

It would take an amendment to get past the court and that isn't going to happen.
But yes, he doesn't know or care about actual law

Recommendations

0 members have recommended this reply (displayed in chronological order):

It's also "ashame" that he's an illiterate, racist, moron. NT Bleacher Creature Jun 2020 #1
Hey, President Whiny Lowlife dalton99a Jun 2020 #2
Congress should lock up those who violate the Constitution malaise Jun 2020 #14
SCOTUS has addressed this several times. niyad Jun 2020 #3
Trump is thinking of George G W Bush winning in 1988 on an anti Flag burning platform. Midnight Writer Jun 2020 #7
Texas v Johnson rsdsharp Jun 2020 #18
4 USC 8 (k) HelpImSurrounded Jun 2020 #4
What about lowlifes that dry hump the poor thing? tanyev Jun 2020 #5
18 U.S. Code  700. Desecration of the flag of the United States; penalties HelpImSurrounded Jun 2020 #6
That provision is null and void onenote Jun 2020 #27
It's was the other way around HelpImSurrounded Jun 2020 #29
And that was ruled against in 1990, US v. Eichman Maeve Jun 2020 #32
Thank you, I started to look for that and got distracted. HelpImSurrounded Jun 2020 #35
Well, Newest Reality Jun 2020 #8
What asham. C_U_L8R Jun 2020 #9
I am 'a shamed' CurtEastPoint Jun 2020 #26
The Supreme Court already decided on flag burning The Wizard Jun 2020 #10
But that wasn't HIS Supreme Court leftieNanner Jun 2020 #13
Reagan's Court The Wizard Jun 2020 #15
This is actually pretty great. HotTeaBag Jun 2020 #11
I tend to agree gratuitous Jun 2020 #21
Oh look, a squirrel! madaboutharry Jun 2020 #12
Dear whiny lowlife in the White House, Jirel Jun 2020 #16
Trump is a wimp.. Permanut Jun 2020 #17
Worry about RW extremist lowlifes planning attacks on military bases. blm Jun 2020 #19
It's such an urgent problem that needs dealing with right now! Crunchy Frog Jun 2020 #20
It's the most important issue facing America, in addition to slowing down testing. Doodley Jun 2020 #22
It's safe to say that 62% of Americans don't buy Trump's John Fante Jun 2020 #23
Fuck Trump. Fuck his followers. Fuck their nationalism. Solly Mack Jun 2020 #24
I call on Congress to take action against lowlifes who grab the American flag and attempt to rape it Autumn Jun 2020 #25
Burn Trump flags, including the Confederate ones. roamer65 Jun 2020 #28
Yes, Congress act on "lowlifes" desecrating the US flag like dry humping and kissing it MagickMuffin Jun 2020 #30
It's hard to take Repukes seriously about being against excessive government spending WhiskeyWulf Jun 2020 #31
Congress, take action on lizards who kill over 120,000 people. LuckyCharms Jun 2020 #33
Trump has just confirmed... jmowreader Jun 2020 #34
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