The late Supreme Court judge Antonin Scalia If it was up to him, he would go to prison with “a sloppy, awful, weird weirdo wearing all the sandals that burn American flags,” but the constitution pointed out in 2015 by a conservative hero protects the flag style as a form of freedom of speech. And what’s important is that you can self-prohibit the act of “I am not a king.”
Neither is a president Donald Trump.
So on Monday he signed Presidential Order It aims to challenge the 5-4 Supreme Court decision since 1989, when Scalia joined the majority ruling that the flag Burning was a self-speaking protection exercise.
Trump’s order says there is still room for prosecuting the flag burning under certain circumstances and impulses Attorney General Pam Bondy “We will prosecute those who violate our laws in a way that involves exposing the American flag.” foreigner You may face a revocation of your visa, residence permit, naturalization procedures and other immigration benefits as per the order. They could also be deported.
This is an effort to push the issue back to the Supreme Court, and now holds a conservative majority of 6-3, which could reconsider the 1989 decision. The three sitting justice was nominated by Trump.
Let’s take a look at this deeply emotional issue in recent US history.
Trump’s orders will not burn flags
The order directs Bondi to prioritize enforcement of the law in flag-style cases that “violate applicable content neutrality legislation, cause harm unrelated to the representation, and are consistent with the First Amendment.” Included in the examples cited The crime of hatredagainst violence or property.
During the signing ceremony, the President used foreshadowing words while signing the order.
“You burn the flag and get it for a year in prison. You don’t get 10 years and it takes less than a month,” Trump said. “It’s on your record, and you’ll soon see the flag burning.”
In fact, the limitations of Trump’s authority were evident in the order itself. It does not mention the punishment for burning a flag. Perhaps anything Trump is saying is that the president cannot set penalties for the actions he has ruled by the court. First fix.
Congress – Congress and 50 states will determine what is illegal and set penalties for breaking the law.
But the president is particularly used to the power of imagery. White House Factsheet See recent protests including In Los Angeles In June, the flag was burned “with violence and other acts that threaten public safety along with other acts.”
And while he may be right, “The people of this country don’t want our American flag to burn and spit out,” public opinion is complicated. A small number of polls over the past decades show that most Americans have found that flag styles are generally unacceptable, but when asked specifically as a form of flag styles, it was unlikely that it should be illegal Political protest.
Trump’s orders say someone disrespects the American flag, and says that burning in particular is “uniquely offensive and provocative.”
“It’s a statement of light empt, hostility and violence against our country,” continues Order.
Tensions between “free speech” and the symbolic importance of the flag
1984, Gregory Lee Johnson Republican president sets American flag on fire while protesting outside the Republican National Convention in Dallas Ronald Reagan He was to be nominated for reelection. Johnson was sentenced to one year in prison and fined for violating Texas laws against “a revered object blatant sec.”
This case, Texas v. Johnson, arrived at the U.S. Supreme Court five years later with a 5-4 decision that Johnson’s law constituted expressiveness protected by the First Amendment. Scalia, who has been repeatedly praised by Trump, has joined the majority.
“We do not consecrate the flag by punishing that exhortation, because in doing so we dilute the freedom that this precious coat of arms represents.” William J. Brennan I wrote it for the majority. The ruling, he wrote, is “a reaffirmation of the belief that the principles of freedom and inclusivity that the flag best reflects, and the tolerance of our criticism is a sign and source of our strength.”
Shortly afterwards, Congress passed a law that violated the burning flag law, but the court later overthrew it.
The exaggeration of that flag is protected by the First Amendment. After all, the flag is a visual shorthand of the nation and its identity, values and legitimacy. It is also a symbol of the sacrifices made by military servicemen and women, as well as their families and communities.
“Millions of Americans see it with almost mystical respect, regardless of the type of social, political, or philosophical belief they may have.” William H. Lanekist I wrote it in my opposition.
He continues to express his free expression, “Of course it’s not absolute.” As long as the burning of the flag is a facial expression, he wrote, “a burning of the flag corresponds to impossible growls and ros that seem to be most likely to indulge in hostility to others without expressing a particular idea.”
I gave the Vice President a opinion jd vance in Social Media Posts Tuesday: “Texas vs Johnson was wrong, and William Lanequist was right.”
Trump’s orders have angered some conservatives
Trump’s orders have inflamed even conservatives who believe the flag is burning the long-standing issue of protected freedom of speech.
“I’m not going to hurt the American flag in a million years,” conservative talk radio host Jesse Kelly told social media. “But the president says he’s saying I can’t be as close as I can get burned up. I’m a free citizen.
Republican President George HW Bush He confronted Flag Burning in 1988 and ran a week-long campaign on the issue, recalled Brit Hume, chief political analyst at Fox News Channel. But Bush called for constitutional amendments to ban practices.
“He didn’t pretend that he could ban it by an executive order that flies in the face of constitutional voice protection,” Hume said on social media.
Christopher, Scalia’s son, reposted a quote from his father on the subject.
“As I understand the initial amendment, Antonin Scalia said, “I guarantee the right to humiliate the flags of the government, parliament, the Supreme Court, the state and the state.”
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Kelman reported from London. Washington Associated Press Writer Amelia Thomson Deveaux contributed the report.
