In the early morning of November 29th, Trump tweets “Nobody should be allowed to burn the American flag- if they do, there must be consequences- perhaps loss of citizenship or year in jail”. Trump proposed the idea that any Americans who protest against government policies such as burning the flag could lose their citizenship (along with other rights such as voting rights) as punishment. The tweet quickly spread throughout the internet and people were furious by his quote. Opposing views asserted that First Amendment allowed flag burning as a form of political expression. Flag burning has been a controversial action since the mid 1900s. In 2005, there was an attempt to pass the Flag Protection Act, however it was denied because some argued that it interfered with the freedoms guaranteed by the Bill of Rights.
Questions:
- What does Trump’s tweet reveal about his knowledge regarding the Constitution?
- Why is Trump’s tweet so controversial and infuriated many people?
- Should burning flags be banned ? Why or why not?
- The Congress almost passed the legislation on banning flag desecration in 2006 (was one vote short), do you think the legislation will ever be passed in the future? Why?
This reveals that Trump knows little about the Constitution. Or even if he is aware of its many articles, is choosing to completely disregard an essential aspect of it - the right to freedom of speech. The desecration of a flag was deemed in Texas v. Johnson to be a from of free expression, which is protected under the First Amendment. As a result, first and foremost, Trump cannot chose to change this. The Supreme Court must overrule the precedent set by Texas v. Johnson in a new case brought to them in order to deem the desecration of a flag a crime. Secondly, since it is considered a form of free expression, threatening to take away citizenship to any who choose this form of expression would largely resemble the actions of a dictator, as Trump would be disregarding the rights set out to the American people in the First Amendment. Also this could likely be deemed cruel and unusual punishment, which is also in the constitution.
ReplyDeleteTexas v. Johnson clearly determined in 1989 that burning an American flag is constitutional. The precedent that this case set was very specific, and the only way he would be able to overturn it is to create an Amendment, which is unlikely. Prohibiting this form of freedom of speech is extremely overbearing, and to respond to this action with excessive consequences like "loss of citizenship or year in jail" is, as Jess said above, almost dictator-like. Although I personally wouldn't burn a flag of any kind, I understand others' right to do so. Our Constitution gives us freedom of speech, so if people want to burn a flag to express themselves, they should be able to do it, as it is symbolic speech. Not everyone has to love America to live in it, but Donald Trump seems to believe that we do.
ReplyDeleteTrump's tweet infuriated so many people because it is their right from the 1st amendment to have freedom of speech. Some people may think that he is trying to limit our voice and reduce the rights of the people. If this is so, many americans will get mad because this country and people in this country have had to go through so much to obtain these rights.
ReplyDeleteTrump's tweet is so controversial because the Supreme Court has already ruled that flag burning is constitutional under the 1st Amendment. Since Trump's tweet showed that he is against the flag burning, he is going against a Supreme Court decision. I do not believe that this has anything to do with Trump's knowledge on the Constitution or the Texas v. Johnson case, but he is allowed to state his opinion, and can still push Congress, which he has the majority in, to pass an amendment which could make flag burning illegal.
ReplyDeleteI think that flag burning should continue to be protected because it is one of the few big forms of protest that will garner attention and still be protected by the law. Texas v. Johnson already established the precedent that it is ok, and most people only use that right to burn flags when they see it is necessary to get attention. If Trump revokes this court decision, it will invalidate a lot of subsequent, even more controversial cases. I predict that if flag burning is ruled illegal, people will turn to more extreme methods of protest and getting attention, which is not what we need at all.
ReplyDeleteI believe flag burning should remain a right because it is symbolic speech and everyone is protected under the first amendment. It has already been declared constitutional and even if it is viewed as offensive, people should maintain the right to freedom of speech. Trump should not punish those that burn the flag because it is cruel, and threatening to take away their citizenship or put them in jail is extreme.
ReplyDeleteI think Trump’s response is extremely concerning. It signifies that he would consider incarcerating, or even removing people’s citizenship for actions that he doesn’t approve of. This highly resembles his threat to incarcerate Hillary Clinton. While Trump’s comments are extremely concerning for anyone, now that he has been elected, along with a Republican majority in the house, senate, and soon to be one in the Supreme Court, this is truly terrifying. This strongly resembles past actions of Russian dictator Stalin, who imprisoned (and/or killed) any political opponents. Following Trump’s commendation of Putin’s style of ruling, this signifies an enormous threat to democracy, and life as we know it.
ReplyDeleteI do not think flag burning should be banned because it allows citizens of the U.S. to express their feelings towards different ideas and events going on. Flag burning has been proven to be protected under the First Amendment throughout the case of Texas v. Johnson. I believe it has already been ruled upon and the precedent has been set, so trump had no place tweeting that post.
ReplyDeleteI concur with the previous responses. I believe that it is a person's right to express their views on America, even if they choose to burn the American flag. As long as they are not hurting the public, I believe that people have the right to do so. Even if Mr. Trump were to persuade Congress to enact a criminal statute, a dramatic shift in the balance between government power and individual freedom, anyone convicted and sentenced could point to clear Supreme Court precedents to make the case for a constitutional violation.
ReplyDeleteI do not think that flag burning should be banned since it has been proven to be protected under the First Amendment. In Texas vs. Johnson flag burning was upheld by the First Amendment saying that it is a form of freedom of speech, which has set a precedent and so forth. Even though I can see to why some people can be offended by such action, the Supreme Court has already spoken on this matter and I do not believe that it needs to be looked at any further.
ReplyDeleteAlthough Trump's tweet is extremely ridiculous because it attacks so many basic rights in our country, it shows another underlying message that most people won't discuss. Trump, as chaotic as he may seem, is a populist. He is not an ideologist like mike Pence, Trump just wants to be popular. The tweet shows that he is very likely to react to public opinion. This can be good or bad. Hopefully it means, he will listen to the people and bring a grand infrastructure project and stop our hawkish foreign policy but we will not know until he is in office.
ReplyDeleteIn contrast to past SCOTUS decisions, I do think flag burning is an act that should be banned. As American citizens, the flag represents our democracy and freedom. Many argue that flag burning is simply a representation of our freedom of speech, but I see it as a threat to our freedom and democracy. Those we burn our flag are not just acting out against the bad, but also the good parts of our government. Although I do agree with Trump that flag burning should be banned, it is definitely not a action that should be punishable by revoked citizenship or a year in jail.
ReplyDeleteI believe that burning flags should not be banned because it is a way of protesting against the U.S government. It should not be banned because it violates the first amendment. Although it is very disrespectful and burning the most important symbol of the country is infuriating to most people, It should still be allowed as a means of protest.
ReplyDeleteI don't think this has to do with his knowledge of the Constitution but I think it refers to what Trump wants to do. I personally don't think it should be banned because it really does breach people's freedom of expression, something I don't think anyone should be able to take away. Burning the flag isn't aimed at anyone in specific, and though I don't agree with it, supporting the ban would make me a (and a lot of people) hypocritical if I plan to express myself in ways that are deemed offensive to some people.
ReplyDeleteBurning American flags should absolutely be banned in the United States. Is it an act of utmost disrespect to the nation and its citizens that argues that all aspects of America are dishonorable, which simply is not true. Every person can and should find a reason to be proud to be an American and stand for the national anthem and salute the flag. It's also extremely disrespectful to the men and women who have died defending that flag and gave their life for people to have freedom of speech.
ReplyDeleteWhat does Trump’s tweet reveal about his knowledge regarding the Constitution? I think the tweet shows that trump is incredibly unaware of the constitution, as well as the supreme court cases which have deemed symbolic speech legal. He is essentially claiming that he will revoke part of our first amendment rights.
ReplyDeleteTrump's tweet makes it clear that he knows very little about the constitution. He is saying this to try to create a controversy and something to talk about. Trump's tweet was so controversial because he made it clear that he wanted to take a right away from americans. Personally I do not believe in burning the American Flag because it is a symbol of our country. But I do respect that it is a right of the american people.
ReplyDeleteI believe that burning flags should not be banned. To ban burning flags would say that the opinions of certain individuals is not legal in the United States. This goes against many of the fundamental rights that the American people have had for centuries. If flag burning was banned, people would then want to ban the burning or existence of other symbols, both of countries and religions, causing the United States to make many decisions that would either contradict past decisions, or limit the freedom of Americans.
ReplyDeleteThis comment reveals Trump's frightening lack of knowledge about the constitution. Trump's statement has been so controversial because it suggests that he is looking to limit free speech. Flag burning has been ruled as symbolic speech, and therefore protected by the first amendment. Flag burning should remain legal and protected because it is a nonviolent way to express a viewpoint.
ReplyDeleteI think that burning the American flag should be banned because it is incredibly disrespectful to our country and those who have sacrificed their lives for this great nation. The flag represents the entire nation, not purely the government itself, and acts as a symbol of our freedom. Like the American flag, the president is how our country is represented in the international platform. It may not be common knowledge, but threatening the president, a symbol of our nation to others, is a federal offense. Threatening the leader of the free world (as much a people would like to believe is freedom of speech) is a much more severe crime compared to threatening any regular citizen because of the symbolism and power such a position holds. Frankly, the burning of the American flag is extremely offensive to all those who have fought for our freedom of speech.
ReplyDeleteThe burning of the flag should not be outlawed. While flag burning might be slightly extreme, it still constitutes a form of expression meaning the Constitution unequivocally protects as free speech. Banning flag burning would be a clear and dangerous encroachment on our first amendment rights. Furthermore, Trumps calls for a ban almost certainly will not happen because it would require a constitutional amendment in order for burning the flag to become illegal.
ReplyDeleteTrump's tweet infuriated so many people, mainly because they didn't like the idea of their right to freedom of speech being suppressed. The right to freedom of speech, press, and assembly is the 1st amendment for a reason: it's the most important. This right is important to everyone, every American has the right to express their opinion, symbolic or directly stated. The Constitution protects everyone's right to burn a flag, and Trump wants to take away that right. No matter what, in the United States, if you try to take away someone's right, there will be a backlash. Ex: 2nd amendment rights.
ReplyDeleteTrump's tweet infuriated so many people, mainly because they didn't like the idea of their right to freedom of speech being suppressed. The right to freedom of speech, press, and assembly is the 1st amendment for a reason: it's the most important. This right is important to everyone, every American has the right to express their opinion, symbolic or directly stated. The Constitution protects everyone's right to burn a flag, and Trump wants to take away that right. No matter what, in the United States, if you try to take away someone's right, there will be a backlash. Ex: 2nd amendment rights.
ReplyDelete