The New York Times: Mr. Trump, Meet the Constitution
When Donald Trump, hand on the Bible on Jan. 20, swears to preserve, protect and defend the Constitution of the United States, we the people will have good reason to doubt he knows what he’s talking about. Consider what he tweeted out on Tuesday:
“Nobody should be allowed to burn the American flag – 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!
Here’s where we explain what shouldn’t need explaining. Flag-burning is constitutionally protected speech. The Supreme Court has made this clear, in a ruling joined by Mr. Trump’s favorite justice, Antonin Scalia. It’s popular to want to punish flag-burners — pandering politicians, including Hillary Clinton, have tried. But the First Amendment exists to protect unpopular, even repulsive forms of expression. As the Supreme Court saidin a 1990 decision finding a federal law against flag-burning unconstitutional, “Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered, and worth revering.”
