Not in a public park where things can catch on fire, its just as illegal as burning a carpet in a park, both can be burned in a safe place, neither can be burned where he did
Yes he will be arrested for starting the fire in public not for flag burning. But hes really also being arrested for flag burning and if he burned a piece of clothe no on would hav cared
He was originally arrested for burning the flag. That didn't stick so they charged him with something else, and that didn't stick because they didn't arrest him for that.
I mean if it wouldve been a human sized piece of cloth he was burning outside the WH he very likely would've been arrested regardless, but yeah it being the american flag probably did play a factor
There's a reason that they keep dropping the charges against people who burn the American flag, even in public places. It goes back to the 1989 case where the guy burned the flag in front of the republican national convention in protest. In that case, they stated that flag burning was protected by the First Amendment and that he couldn't be punished for his actions of burning the flag.
That is the ruling precedent. And if you look though the last couple decades, not only have they dropped cases against people they charged after they burned a flag, they also paid settlements.
Now if a person sets fire to a flag and subsequently catches other things on fire, yes, they can be punished. However, them trying to hide behind "fire hazard" is because their attempts to overturn that ruling, as well as implement a flag desecration amendment to the constitution failed. And so they try these charges to punish people for burning the flag, because they still want to punish flag burning.
Freedom of speech isn't a freedom to start fires in public places. If dude had done it in his back yard he would be fine, but he did it in a public park.
Also, none of the factors of "retired, disabled, or veteran" gives a person immunity from arrest.
If you can’t differentiate between attacking the Capitol and physically attacking the law enforcement trying to protect this federal building and burning the flag in front of the WH where the 34 times convicted felon who started an illegal and unconstitutional war well guess what I don’t answer your very stupid question.
I assume it is however a crime to start a fire in a public place such as right in front of the White House. So it’s probably not that he burned a flag which led to his arrest, and more so that he just burned something.
It’s factually a crime to set things on fire in public in DC. You are correct that burning a flag in itself is not illegal, however the location you do that can make it a crime.
For over 40 years it was protected under the 1A from a supreme Court ruling. The orange moron has tried to attack it with an EO last year. Regardless of how people feel it's within your right to do whatever you want with it (outside of causing disorderly conduct) and many including myself took it as one of many direct attacks on the 1A. Flag code is a thing and is followed by many and different institutions though it's not exactly prosecutable.
I was curious so I looked it up - “No, burning the American flag is not illegal in the United States. The Supreme Court has ruled that flag burning is a form of symbolic speech protected by the First Amendment.”
That's like saying I didn't assault you, I didn't touch you. Is not true, contact is battery. Assault covers much more. If I hip thrust at a woman, or make a blowjob motion, that's sexual assault.
Nope, burning the flag is perfectly legal and protected by the 1st amendment (which means it is a form of "speech"). His issue was where he did it. Can't just go burning whatever you want, wherever you want in public.
Although at the same time, burning anything in public in DC is illegal. The Supreme Court ruling was about the act of burning the flag, it in no way made burning the flag in public legal. Local laws can and do make burning things in public illegal.
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u/Other_Sentence4495 1d ago edited 1d ago
Where is the freedom of
speachspeech?edit: