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Wrong. The first Amendment protects political expression, which may be in the form of an action.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Assembling is an action. Petitioning is an action.
I am an originalist. But, in my mind, there is no doubt that the founders and drafters of the Constitution expected that political expression fell within the scope of political speech.
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Originally Posted by jbgusa
However spitting on the sidewalk is not protected.
Spitting on the sidewalk is not generally a form of political expression.
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Originally Posted by jbgusa
Also, I personally take the view that the flag, or the intellectual property behind the flag, is Federal property. There are very specific laws on the proper display and destruction of flags and I don't see why disrespecting the flag should be an exception.
It normally is not an exception, unless it qualifies as political expression, which, along with religious expression, receive the highest degree of protection under the Constitution.
The 1st Amendment trumps those very specific laws on the proper display and destruction of flags.
That's just the way it is. You might not like it. I might not like it. But, I do like that political and religious speech and expression is protected by the 1st Amendment of the Constitution, which is our country's highest law.
I'm glad he didn't get fired, but the protestors have a right to non-violent free speech, which, as guaranteed by US Sup. Ct. decision, includes flag-burning. Free speech, and protecting free speech, even if you disagree with the method, is quintessentially American.
My father spent his entire career in the military and also went to war when he was needed. His generation is shocked and appalled at the flag burning. The flag represents so much more to vets who serve in the military. Many have died or were injured while fighting for this country. When I was brought up we were taught the flag should never even touch the ground. It was considered respect for the flag and for everyone who fought for the country to allow us to be free.
When I see people who hate America in other countries burning the flag it brings sadness to me. When I see people who live in America burning the flag I am disgusted.
I believe this Fed Exp worker was a vet and I only have respect that he took the time to put the fire out and take the flag he fought for.
Last edited by littlebebe; 02-05-2017 at 01:16 PM..
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Assembling is an action. Petitioning is an action.
Burning may be an action but there's another word for much burning; arson.
Quote:
Originally Posted by Salmonburgher
I am an originalist. But, in my mind, there is no doubt that the founders and drafters of the Constitution expected that political expression fell within the scope of political speech.
Spitting on the sidewalk is not generally a form of political expression.
It normally is not an exception, unless it qualifies as political expression, which, along with religious expression, receive the highest degree of protection under the Constitution....That's just the way it is. You might not like it. I might not like it. But, I do like that political and religious speech and expression is protected by the 1st Amendment of the Constitution, which is our country's highest law.
[/quote]If you asked any of the people assembled in Philadelphia that hot summer of 1787 or when the amendments were drafted would any one of them considered flag burning protected speech?
Quote:
Originally Posted by Salmonburgher
The 1st Amendment trumps those very specific laws on the proper display and destruction of flags.
In this case, the president's view definitely trumps other's views.
I see so many criticizing violence on the right, when actually, by far, most political violence today is committed by those on the left.
"The left," yes the entirety of those on the left spectrum of politics are ALL burning flags and smashing windows etc. Now let's get real-- Political violence is committed by INDIVIDUALS, on both the left and right....The notion of a solid mono-philosophic group of protesters ignores the fact of a huge diversity of opinion with regard to the tens of thousands of protesters in most protest marches.
Neither the left or right has an exclusive claim on violence. We do have laws to provide a guide for acceptable behavior, and not all are respecting those laws, the Fedex worker is simply one more of those who think laws don't apply to them. His actions mirror his violent nature, period..
I'm glad he didn't get fired, but the protestors have a right to non-violent free speech, which, as guaranteed by US Sup. Ct. decision, includes flag-burning. Free speech, and protecting free speech, even if you disagree with the method, is quintessentially American.
I feel the same way. Neither person should be bullied, fired, etc. for standing up for what they believe in. Good on FedEx.
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