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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 buckeye_vol
Posted on 11/29/16 at 12:24 pm to buckeye_vol
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 on 11/29/16 at 12:28 pm to Loserman
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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