Regular Right Guy

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No, Flag Burning is Not Speech

american-flag-burning-1024x536UPDATE – Donald Trump said a really dumb thing this week.

And we will probably be hearing about it on Saturday Night Live and every late night talk show for a year, up to and including that venerable annual Stupid Republican Roast, the White House Correspondents Dinner.

So why was President-Elect Trump’s statement dumb?

Well, because it is perfectly legal to burn a U.S. flag and the Supreme Court has ruled it constitutional… and the left wing media have ratified it.

And those are the only reasons.

Which is why Trump’s argument is not so dumb after all.

Yes, the revered conservative Justice Antonin Scalia sided with the majority on the above-noted decisions, and Scalia was wrong. And no, I am not a lawyer, but I don’t need to be to read, and the Court’s decisions on flag desecration are hardly accepted across the board as settled law.

The 1989 rulings in Texas vs. Johnson and the subsequent U.S. vs. Eichman were 5/4 decisions, however, as is most often the case, they were not decided along liberal-conservative lines. Scalia was not the only one to go off the reservation. In the latter case, the very liberal Justice Stevens and the liberal-leaning Reagan mistake Sandra Day O’Conner dissented.

Also, since that time lawyers and lawmakers from both sides of the aisle, including U.S. senators Orrin Hatch and Max Baucus have seen flag desecration as something more than speech.

And get this. Hillary Rodham Clinton cosponsored the Flag Protection Act of 2005 — not that we can take Hillary’s words or actions as valid reflections of her opinion on anything.

But beyond all of this, the flag is not an opinion, which everyone but left wing Democrats seem to believe should be protected.

The flag is an object, and to desecrate it is assault, in my opinion, not speech.

Not only is flag burning an assault on every American who has sacrificed his or her life or limb for this country, but it is also an assault on this singular standard of freedom itself.

We did not sit idly by and support the South’s “right” to strike the flag and secede from the Union of 1861, and neither should we sit by now and allow the desecration of the banner that flies over this Union.

I hope President Donald Trump remains true to his word, and appoints judges and justices who will strike down liberal decisions the Supremes and other federal judges have passed off as Constitutional law over the last fifty years.

Because only then will America be truly restored to its former greatness.


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5 comments on “No, Flag Burning is Not Speech

  1. theebl
    December 1, 2016

    I am with Scalia on this one, if you buy a flag and want to burn it as a protest, you just showed yourself to be a Jackass of the highest order…

    But it is speech.

    I am for freedom and liberty, including the liberty to be an obnoxious POS. Of course, if other citizens want to act accordingly…isn’t that a form of speech too?

  2. Regular Right Guy
    December 1, 2016

    Of course I don’t believe it is anything less than sedition, which unfortunately is no longer illegal. Only from the twentieth century forward have we believe anything different. However, my larger point is that it is not settled law. Nothing ever is when the Court is consistently divided 5/4.

    • theebl
      December 4, 2016

      True Dat. A wonderful day with be replacing Scalia with a worthy successor. Pure joy will be replacing Notorious RBG with someone as conservative as Scalia.

  3. invertedlogicblog
    December 19, 2016

    It definitely should not banned. While I am not agree with the act itself, I find restrictions on constitutional rights to be more of an issue. We prohibit one form of free speech, who is to say other forms will not be. It’s the “domino effect” that we should be concerned with.

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This entry was posted on November 30, 2016 by in Controversies, Donald Trump, SCOTUS and tagged , .



November 2016

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