The Supreme Court recognizes diverse forms of speech protected by the First Amendment, including symbolic acts, corporate political spending, and flag desecration. The administration's statement asserts that flag burning "may" incite violence and claims exceptions where conduct is likely to incite imminent lawless action or constitutes "fighting words." The use of vague terms like "may" could allow routine expressive acts to be treated as criminal based on speculative reactions. Narrow standards established by precedent require imminent lawless action for restriction, and broadly enforcing imagined violence risks eroding established free-speech protections.
After closely reading the Constitution, the Supreme Court informed us that the speech the First Amendment protects comes in many modes. Speech may look like an arm band worn to protest a war ( Tinker v. Des Moines). Speech might even look like corporations throwing a bunch of money at their preferred candidates ( Citizens United v. FEC). Hell, Speech might even pop up as something morally objectionable of unsavory like burning the American Flag ( Texas v. Johnson).
Burning [the American Flag] may incite violence and riot...Notwithstanding the Supreme Court's rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to "fighting words" is constitutionally protected. See Texas v. Johnson, 491 U.S. 397, 408-10 (1989).
"May" is doing a lot of work here - many things ranging from parking spot competition to an Eagles Superbowl win "may" incite violence and/or riot. Will there be legal consequences for a hearty "E-A-G-L-E-S EAGLES!" yell at AT&T Stadium? Things don't suddenly amount to "fighting words" just because you imagine some eggshell crowd member whose world will upend if he hears love for the wrong team or if kerosene and sparks burn some "Made In China" Americana - which applies just as well to a football jersey or t
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