Along with a somewhat more arguable EO regarding cashless bail, President Trump just signed an executive order purporting to make “desecration” of the flag a crime and to detain and remove non-citizens who engage in it.
Ugh.
The Supreme Court in 1989 issued a 5-4 ruling that found burning the U.S. flag is protected by the First Amendment. Bush I made a big deal over this as a campaign issue; it was foolish and trivial then, and now that there is SCOTUS precedent declaring the gesture protected speech, that should be the end of the matter. Trump blathered on about flag-burning last year: I was hoping we had heard the end of it. Guess not.
I was stunned that the decision that flag-burning was protected speech was as close as it was. It has been the Left promoting the punishing of political speech (like prosecuting drivers who scuff up “Pride” symbols painted on city streets): shouldn’t conservatives see the slippery slope looming with the criminalization of flag burning?
Trump’s executive order is flagrant pandering. The Axis has been so reliable in opposing more rational measures that now he’s over-reaching. People who burn flags are telling us what they are. It’s useful information.
And it’s definitely protected speech.



