President-elect Donald Trump taking to twitter to talk flag burning, but is his stance Constitutional?
FOX’s Rachel Sutherland reports from Washington:
President-elect Donald Trump tweeted that he wants people who burn the American flag to go to jail or even lose their citizenship. The Supreme Court deemed flag burning protected free speech in 1989.
The late Supreme Court Justice Antonin Scalia, a staunch conservative, sided with the majority in Texas v. Johnson. He expounded on his position and free speech in general during a CNN interview in 2012:
(Scalia) “It is addressed in particular, to speech critical of the government, I mean that was the main kind of speech that tyrants would seek to suppress.”
The President-elect’s tweet comes amid controversy at Hampshire College in Massachusetts, where students protesting the election burned an American flag. After that, the school removed all flags from campus.
In Washington, Rachel Sutherland, FOX News.
Follow Rachel Sutherland on Twitter: @SutherlandFOX
Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!
— Donald J. Trump (@realDonaldTrump) November 29, 2016