President-decide on Donald Trump tweeted early Tuesday that burning the U.S. flag must have “penalties,” suggesting lack of citizenship or a year in reformatory as punishment.
Trump’s tweet runs up towards two Supreme court selections that have affirmed the fitting to desecrate the flag: one in 1989 and every other the next yr.
no one should be allowed to burn the American flag – in the event that they do, there have to be penalties – perhaps lack of citizenship or 12 months in penitentiary!
— Donald J. Trump (@realDonaldTrump) November 29, 2016
Trump’s transition spokesman, Jason Miller, was requested in regards to the rulings on CNN Tuesday however didn’t respond to questions in regards to the constitutional protections of flag burning. “Flag burning must be illegal,” Miller stated repeatedly.
while the Supreme court docket has upheld flag burning without any consideration, every other problem could turn out another way relying on Trump’s collection of justices. The high courtroom is presently running one member wanting its full 9, following the dying of Antonin Scalia in February. Trump is anticipated to pick a replacement for Scalia, and most likely for other justices, throughout his presidency.
read: right here’s who Trump may tap to tilt Supreme courtroom to the fitting.
Flag desecration rules vary by using country: it’s unlawful in China and North Korea, and in addition in democracies together with Italy and Germany. Punishments embody fines and penal complex time.
From the archive: ardour over flags extends far beyond the simmering confederate flag controversy.
Congress debated the problem in 2006. here’s what Mitch McConnell, now the Senate majority chief, stated on the time:
enjoyable fact: observation from Mitch McConnell all over 2006 flag desecration amendment debate: p.c.twitter.com/ceVk0tvnWC
— Carrie Dann (@CarrieNBCNews) November 29, 2016
The Supreme court ruled 5-4 in the 1989 case Texas v. Johnson that flag burning was once a type of symbolic speech secure through the primary amendment. In 1990, the court docket affirmed the proper to burn the flag in the united states v. Eichman case. That ruling was 7-3.
It was uncertain what if the rest had precipitated the Trump tweet.
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