Flag Burning Is Constitutional-But the Supreme Court May Burn That Too

"Everything Donald Trump says or does can be plotted on a three-dimensional graph where the axes are: fascist, stupid, and unconstitutional. I try to focus my attention on things that are flagrantly fascist and patently unconstitutional, but Trump's recent flag burning executive order-ridiculously titled "Prosecuting Burning of The American Flag" -exists in the rare quadrant of flagrantly fascist, patently unconstitutional, and utterly stupid."

"The order purports to "restore respect and sanctity to the American Flag and prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent permissible under any available authority." A 3×5 foot American Flag (which Google tells me is a standard size for an American home) costs around $25 bucks on Amazon."

"More likely, this executive order will create the problem it purports to solve. I, for instance, wasn't thinking about burning an American Flag, at least not while it's still summer and I can use all that valuable lighter fluid for barbecuing. Now it's on my list of small acts of noncompliance because... fuck him. Apparently, I'm not the only one with the idea. A combat veteran burned a flag outside the White House just hours after Trump's executive order to protest Trump's executive order."

The executive order titled "Prosecuting Burning of The American Flag" sits in the quadrant that is flagrantly fascist, patently unconstitutional, and utterly stupid. The order claims to restore respect and sanctity to the flag and to prosecute those who incite violence or otherwise violate laws while desecrating the flag. A standard 3×5 foot flag costs about $25, and there is no flag-burning epidemic that justifies an executive order. The order is likely to provoke performative flag burnings and noncompliance, and a combat veteran burned a flag outside the White House within hours, showing immediate backlash. The order creates constitutional and practical problems.

Read at The Nation