Burning the American flag should be a crime punishable by jail time or even loss of citizenship, President-elect Donald Trump said via Twitter on Tuesday.
“Nobody should be allowed to burn the American flag,” Trump tweeted. “If they do, there must be consequences – perhaps loss of citizenship or year in jail!”
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
By suggesting flag burning should be an illegal act, Trump appears to be promoting a significant change to Constitutional precedent. The Supreme Court ruled in the 1989 case Texas v. Johnson that burning the American flag was a form of “symbolic speech” protected by the First Amendment, a precedent that remains to this day.
Burning American flags have been a frequent sight at anti-Trump protests across the country in the wake of the election, alongside chants of “Not my president!” In a tweet shortly after the election, Trump described the protests as “unfair” and “incited by the media.”
Just had a very open and successful presidential election. Now professional protesters, incited by the media, are protesting. Very unfair!
— Donald J. Trump (@realDonaldTrump) November 11, 2016
The next day, however, Trump changed his tune, praising the protestors for expressing “passion for our country.”
Love the fact that the small groups of protesters last night have passion for our great country. We will all come together and be proud!
— Donald J. Trump (@realDonaldTrump) November 11, 2016
Since the Supreme Court ruling, several U.S. lawmakers have tried, unsuccessfully, to pass legislation that would outlaw flag burning, including then-Sen. Hillary Clinton in 2005.
In 2005 a bill was introduced that would outlaw burning the American flag.
That bill was introed by: @HillaryClinton & Sen Bennett (R-UT) pic.twitter.com/3hKzTjV0E9
— Frank Thorp V (@frankthorp) November 29, 2016
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