Although the Supreme Court has declared flag burning to be a constitutionally protected form of free speech, Donald Trump said Tuesday he still wants to make the practice illegal.
"Nobody should be allowed to burn the American flag," the president-elect tweeted Tuesday. "If they do, there must be consequences — perhaps loss of citizenship or year in jail!"
It's not known what inspired Trump's condemnation of flag burning, or whether he will call on Congress to attempt a new law banning it.
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
While the Supreme Court has upheld flag burning, Trump will have at least one appointment to that body and has a chance to alter the court's ideological direction.
"It is poignant but fundamental that the flag protects those who hold it in contempt."— Brad Heath (@bradheath) November 29, 2016
- Justice Kennedy, 1989 pic.twitter.com/ldPDJNQgjN
I pledged allegiance to the flag every morning inside an internment camp. I would never burn one, but I'd die to protect the right to do so. https://t.co/O5ecSQkyC2— George Takei (@GeorgeTakei) November 29, 2016
Donald Trump's political career is one protracted flag burning. The symbols of the Republic properly belong to his opponents— David Frum (@davidfrum) November 29, 2016
Principled conservative justices like Scalia & Kennedy joined 5-4 majority holding 1st Am protects even flag burners— Laurence Tribe (@tribelaw) November 29, 2016