General Discussion

Bernardo de La Paz

(59,229 posts)

5. Here's the Order

Fri Oct 3, 2025, 08:52 PM

10 hrs ago

https://www.federalregister.gov/documents/2025/08/28/2025-16616/prosecuting-burning-of-the-american-flag

He thinks he can make it apply by defining the action as inciting violence and hate speech or violating local ordinances restricting burning of objects in some circumstances. Those will be tough cases to prove but they don't care. They think that arrest and costly court cases are punishment enough even if the DoJ will almost always lose.

Notwithstanding the Supreme Court's rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to “fighting words” is constitutionally protected. See Texas v. Johnson, 491 U.S. 397, 408-10 (1989).

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Ron Filipkowski: This is fascism. [View all] highplainsdem 10 hrs ago OP

What about assholes groping the flag? GreenWave 10 hrs ago #1

I don't think tRump can create laws by Executive order, especially blatantly unconstitutional ones Bernardo de La Paz 10 hrs ago #2

Uh,oh. In my town, the Posse collects worn-out flags and marybourg 10 hrs ago #3

Yep, that's the way disposal of a US flag should be done. nt HappyH 10 hrs ago #4

Here's the Order Bernardo de La Paz 10 hrs ago #5

The SCOTUS long ago already said flag burning is protected speech. This order is clearly unconstitutional. tblue37 10 hrs ago #6

Such a quaint objection! Orrex 7 hrs ago #8

The scary object distraction. nt. BootinUp 10 hrs ago #7