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re: I would participate in a flag burning to protest Trump's tweet

Posted on 11/29/16 at 11:45 am to
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6164 posts
Posted on 11/29/16 at 11:45 am to
Why isn't flag burning a crime? If I go outside and light my garbage on fire on a public street I'm pretty sure I could be arrested and/or fined.
Posted by WheelRoute
Washington, D.C.
Member since Oct 2013
1811 posts
Posted on 11/29/16 at 12:22 pm to
quote:

Are you serious? Uhh...Bald Eagles are against the law to burn/kill, or even mess with their nests. So yes they are more important than the 1st Admendment



*facepalm*

quote:

Why isn't flag burning a crime? If I go outside and light my garbage on fire on a public street I'm pretty sure I could be arrested and/or fined.



Because burning your garbage doesn't qualify as speech under the First Amendment.

If you were prosecuted under a local ordinance that prevents you from burning your trash, you could not successfully present as a defense that you were simply exercising your right to free speech.
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