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re: We love the first amendment don't we folks?

Posted on 6/15/19 at 4:04 pm to
Posted by dawgfan24348
Member since Oct 2011
51578 posts
Posted on 6/15/19 at 4:04 pm to
quote:

the same interest supports a prohibition on the desecration of the American flag.* 

Well that's just fricking stupid. Unless he's climbing a flag pole and burning the flag there's no connection. And even so burning some random flag does not to equate to spray painting a national monument
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/15/19 at 4:13 pm to
quote:

The supreme court has ruled conduct can be legally interpreted as speech.


The Supreme Court also ruled segregation was constitutional



quote:

Theres a long list of court cases, but you can start with Tinker.


To which I agree with Justice Black's dissent

From his dissent in Mishkin v. New York

quote:

I think the Founders of our Nation in adopting the First Amendment meant precisely that the Federal Government should pass ‘no law’ regulating speech and press but should confine its legislation to the regulation of conduct. So too, that policy of the First Amendment made applicable to the States by the Fourteenth, leaves the States vast power to regulate conduct but no power at all, in my judgment, to make the expression of views a crime.


It's true that's why we have laws prohibiting vandalism and tagging and shite like that, check mate
Posted by troyt37
Member since Mar 2008
14680 posts
Posted on 6/15/19 at 4:14 pm to
quote:

I am not even sure if you think felons should have guns.


Irrelevant. What’s relevant is that many of you are all about some limits and restrictions on constitutional rights. Telling someone they must be registered, fingerprinted, and investigated in order to exercise one right is just fine, but telling someone they can’t burn the American flag is somehow unacceptable.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/15/19 at 4:16 pm to
quote:

the govt prohibits vandalism and tagging


quote:

Because that is doing harm to others' property


the 1st Amendment also doesn't protect fighting words, that doing harm to anyone's property?
Posted by dawgfan24348
Member since Oct 2011
51578 posts
Posted on 6/15/19 at 4:17 pm to
quote:

true that's why we have laws prohibiting vandalism and tagging and shite like that, check mate

It doesn't count as vandalism if it's your own property you mental midget
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/15/19 at 4:19 pm to
quote:

Well that's just fricking stupid.


No it isn't, it's as if you haven't read the arguments I've presented about why the flag is so transcendental and why it pisses people off when people burn the flag in public

quote:

And even so burning some random flag does not to equate to spray painting a national monument



Both of which have zero value for 1st Amendment protection except for pissing people off and instigating a breach of the peace
Posted by NYNolaguy1
Member since May 2011
21698 posts
Posted on 6/15/19 at 4:20 pm to
quote:

What’s relevant is that many of you are all about some limits and restrictions on constitutional rights.




Oh thats cute. You must think I am a liberal.
Posted by dawgfan24348
Member since Oct 2011
51578 posts
Posted on 6/15/19 at 4:22 pm to
quote:

why the flag is so transcendental and why it pisses people off when people burn the flag in public

So because feelings get hurt it should be banned? Is that really the argument here?
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/15/19 at 4:22 pm to
quote:

It doesn't count as vandalism if it's your own property you mental midget


But it's conduct expressing my first amendment rights you mental midget
Posted by NYNolaguy1
Member since May 2011
21698 posts
Posted on 6/15/19 at 4:23 pm to
quote:

To which I agree with Justice Black's dissent


Quoting dissents from supreme court decisions is about as useful as bragging about everytime you got shot down with a girl.

quote:

It's true that's why we have laws prohibiting vandalism and tagging and shite like that, check mate


So if I own a flag and burn it, how is that vandalism?
Posted by dawgfan24348
Member since Oct 2011
51578 posts
Posted on 6/15/19 at 4:24 pm to
How so?
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/15/19 at 4:25 pm to
bc im expressing my first amendment rights through conduct, you mental midget, you say conduct is protected by the 1st amendment with flag burning, let's see how consistent you are, bring it
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 6/15/19 at 4:29 pm to
You're flailing and failing all over the place

Equating vandalism with the 1st amendment
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/15/19 at 4:30 pm to
quote:

So because feelings get hurt it should be banned? Is that really the argument here?


quote:

Here it may equally well be said that the public burning of the American flag by Johnson was no essential part of any exposition of ideas, and at the same time it had a tendency to incite a breach of the peace


quote:

As with “fighting words,” so with flag burning, for purposes of the First Amendment: It is “no essential part of any exposition of ideas, and [is] of such slight social value as a step to truth that any benefit that may be derived from [it] is clearly outweighed” by the public interest in avoiding a probable breach of the peace....Thus, in no way can it be said that Texas is punishing him because his hearers—or any other group of people—were profoundly opposed to the message that he sought to convey. Such opposition is no proper basis for restricting speech or expression under the First Amendment. It was Johnson's use of this particular symbol, and not the idea that he sought to convey by it or by his many other expressions, for which he was punished.


Content-based restrictions automatically receive strict scrutiny review by the courts, but it wasn't the content of Johnson's speech it wasn't his point, it was his CONDUCT which the Founding Fathers and Justice Black hold the state can regulate as well as Chief Justice Warren
Posted by dawgfan24348
Member since Oct 2011
51578 posts
Posted on 6/15/19 at 4:31 pm to
I'm saying burning ones own flag is protected by the first amendment as it falls under free speach.

Your only argument to this has been vandalism which makes no sense
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/15/19 at 4:37 pm to
quote:

I'm saying burning ones own flag is protected by the first amendment as it falls under free speach.


How about falsely screaming "fire!" in a movie theater? That protected? How about threatening a senator or someone in front of a mob? That protected? How about burning the "Don't Tread on Me" flag at a pro-military protest? That protected?
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 6/15/19 at 4:40 pm to
quote:

You're flailing and failing all over the place

Equating vandalism with the 1st amendment


No I'm not I have my own independent argument and arguments that support it from respected legendary Supreme Court Justices, check mate
Posted by dawgfan24348
Member since Oct 2011
51578 posts
Posted on 6/15/19 at 4:40 pm to
quote:

How about falsely screaming "fire!" in a movie theater? That protected? How about threatening a senator or someone in front of a mob? That protected? H

No because those actions have actual consequences that can cause harm to people

Burning flag causes no harm expect to pussies like you
Posted by troyt37
Member since Mar 2008
14680 posts
Posted on 6/15/19 at 4:41 pm to
quote:

Oh thats cute. You must think I am a liberal.



I don’t care if you’re an anarchist, or a totalitarian. If some limits on constitutional rights are acceptable, I don’t think preventing people from burning the flag would be the end of the world.
Posted by dawgfan24348
Member since Oct 2011
51578 posts
Posted on 6/15/19 at 4:46 pm to
Please tell me why it makes sense for the government to tell a person they can't burn the flag. It's a direct violation of the first amendment and just because you don't like the act doesn't mean it's ok for the government to outlaw it
This post was edited on 6/15/19 at 4:46 pm
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