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re: Iowa man sentenced to 16 YEARS for burning a flag. A FLAG

Posted on 12/19/19 at 4:56 pm to
Posted by McLemore
Member since Dec 2003
32252 posts
Posted on 12/19/19 at 4:56 pm to
quote:

I mean he fricked with someone else’s property so I’m fine with him being punished. But we don’t need hate crime laws for that.


Not only do we not NEED them, they undermine the fundamentals of the US Constitution. Anyone with even a rudimentary understanding of criminal and First Amendment legal principles can do the analysis. Again BY DEFINITION hate crimes punish thoughts and beliefs. The aspects of thought and belief that relate to underlying crimes are already completely addressed in the mental state elements of the crimes. The only thing left over is protected by the First Amendment. Period.

Those who have passed and continue enforcing these laws are enemies of the Constitution.
Posted by YF12
Ottobaan
Member since Nov 2019
4451 posts
Posted on 12/19/19 at 4:56 pm to
quote:

Sure if it's your flag


If you take someone's American flag and burn it it's not a hate crime. You committed some minor misdemeanor theft type charge and would be able to be sued in civil court for the value

Same should apply here
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
24382 posts
Posted on 12/19/19 at 4:57 pm to
Agreed
Posted by BobBoucher
Member since Jan 2008
17304 posts
Posted on 12/19/19 at 4:58 pm to
I have no problem with this punishment for VIOLENT hate crimes. But seriously.
Posted by imjustafatkid
Alabama
Member since Dec 2011
53133 posts
Posted on 12/19/19 at 5:00 pm to
Need to appeal that.
Posted by Brazos
Member since Oct 2013
20443 posts
Posted on 12/19/19 at 5:01 pm to
Radical progressives should be treated like terrorists and put down or locked up by any means necessary.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
64049 posts
Posted on 12/19/19 at 5:03 pm to
Clown world.
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
36472 posts
Posted on 12/19/19 at 5:03 pm to
quote:

McLemore


Sorry, I downvoted you by mistake.
The guy deserves a $250 fine.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
102201 posts
Posted on 12/19/19 at 5:04 pm to
quote:

quote:
I thought flag burning was protected by the 1st ammendment

Sure if it's your flag


So he gets 16 years for destruction of property of less than $100?

Yeah...that's gonna survive constitutional challenge
Posted by Cheese Grits
Wherever I lay my hat is my home
Member since Apr 2012
56512 posts
Posted on 12/19/19 at 5:05 pm to
quote:

Adolfo Martinez


Burned LGBTQ flag and pissed off the left

Is brown and pissed off the right

Surprised he just got 16 years, seems like death penalty should have been the sentence.
Posted by Plx1776
Member since Oct 2017
16929 posts
Posted on 12/19/19 at 5:07 pm to
What the frick.

He could have beat the hell out of an actual gay dude and not get a 16 year sentence.

An inanimate LGBTQTIIMWQTE flag is worth more than an actual gay person?
Posted by nuwaydawg
Member since Nov 2007
1944 posts
Posted on 12/19/19 at 5:11 pm to
This ruling is about setting a precedent.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 12/19/19 at 5:21 pm to
quote:

I thought flag burning was protected by the 1st ammendment
there are two separate issues. Yes, burning a flag constitutes protected speech under the first amendment… provided that you owned the flag in question and are not destroying someone else’s property. If you burn someone else’s flag, you have encroached upon their property rights, and are subject to appropriate criminal penalties therefore.

You cannot burn someone else’s flag as political speech, anymore than you can burn their house as political speech.

this guy seems to have burned someone else’s rainbow flag, rather than simply buying one and burning that one. It was a pretty stupid thing to do.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 12/19/19 at 5:23 pm to
quote:

So I cant burn a Russian flag or an Iranian flag?
if you go to the flag store and buy a Russian flag or an Iranian flag, yes burning that flag would constitute protected speech under the first amendment.

If you go into Abdul‘s front yard, pull his flag down off his porch, and burn it, you have encroached upon his property rights and are subject to criminal penalty.
Posted by Cheese Grits
Wherever I lay my hat is my home
Member since Apr 2012
56512 posts
Posted on 12/19/19 at 5:23 pm to
Flag makers probably like flag burners as they sell more flags?
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 12/19/19 at 5:26 pm to
quote:

20 years ago this would have been ridiculous.

Radical progressive ideology is ruining this nation
no, you are mistaken. Whether 20 years ago, or a century ago, if you took someone else’s property from them and destroyed it, you will be subject to criminal criminal penalty. That has not changed.

The hate crime element of this thing is ridiculous. I have always felt that “hate crimes“ should be handled under the basic substantive statute.

If you destroy someone’s property by burning it, it should not matter whether it is a flag, a tree, or a stack of magazines. The penalty should be the same, regardless of whether you did it because you were trying to make a political point, or simply because you were in a pyromaniacal mood.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 12/19/19 at 5:26 pm to
quote:


this guy seems to have burned someone else’s rainbow flag, rather than simply buying one and burning that one. It was a pretty stupid thing to do

16 years is the kind of shite you get for burning someone's house down

A fricking flag? Absurd
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 12/19/19 at 5:29 pm to
quote:

Stop being ridiculous. Someone (you?) asked 'can I not burn a flag?' and we simply said you can burn YOUR flag. You cannot burn MINE.

frick "hate crimes"
Succinct and accurate.

I cannot help wondering what are these people actually do not grasp this simple concept, or whether they are being intentionally obtuse.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 12/19/19 at 5:31 pm to
quote:


I cannot help wondering what are these people actually do not grasp this simple concept, or whether they are being intentionally obtuse

Oh. I agree that if you burn my shite, punishment is warranted

But the whole 16 year thing is just silly
Posted by MeatCleaverWeaver
Member since Oct 2013
22175 posts
Posted on 12/19/19 at 5:31 pm to
I understand that Iowa has a very liberal element to it considering that it’s a rural state, but they couldn’t land one ‘baw’ on the jury?

This is a misdemeanor crime all day long in my neck of the woods - Criminal Trespass.

Finally, the church from which it was taken is apostate.
This post was edited on 12/19/19 at 5:33 pm
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