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

Posted on 11/29/16 at 12:24 pm to
Posted by Loserman
Member since Sep 2007
22036 posts
Posted on 11/29/16 at 12:24 pm to
quote:

It's not nice or respectful, so in response you advocate for physical violence. Is that nice and respectful?




The law has defined fighting words.
It is a long established doctrine in Constitutional Law.

To some, the burning of the flag would fall under that category.
Posted by WheelRoute
Washington, D.C.
Member since Oct 2013
1811 posts
Posted on 11/29/16 at 12:28 pm to
quote:

The law has defined fighting words.
It is a long established doctrine in Constitutional Law.

To some, the burning of the flag would fall under that category.


"Fighting words" are words directed at a particular person amounting to a challenge to an immediate physical fight.

If you knocked on your neighbor's door and when he answered burned a flag with a sign that said "F*CK YOU DAVE" then the First Amendment would likely not protect your speech.

But just burning a flag in protest in the street within view of people who would take offense? Nah. It's still protected speech.
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