What in your opinion should be the consequences of someone burning your countries flag?

Question

Here's the current laws around flag desecration in the U. S.

Flag desecration is not a crime in the United States. The flag of the United States is sometimes burned as a cultural or political statement, in protest of the policies of the U. S. government, or for other reasons, both within the U. S. and abroad. The United States Supreme Court in Texas v. Johnson, 491 U. S. 397 (1989), and reaffirmed in U. S. v. Eichman, 496 U. S. 310 (1990), has ruled that due to the First Amendment to the United States Constitution, it is unconstitutional for a government (whether federal, state, or municipal) to prohibit the desecration of a flag, due to its status as "symbolic speech."

BUT here's what Trump says he would do to anyone burning the flag if he regains power

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-flag-burning-first-amendment-supreme-court-rcna168381

Trump just pushed the idea again Monday while speaking in Detroit to the National Guard Association of the United States. “You burn an American flag, you go to jail for one year,” the former president said, adding: “We gotta do it. ... They say, ‘Sir, that’s unconstitutional.’ We’ll make it constitutional.”

So Trump wants to make it punishable up to one year for anyone burning the American flag.

But what do YOU think? what consequences should there be for doing this? or should there be any at all?

CrazyGirl2 · Accepted Answer

It depends, it clearly falls under the first amendment, as protected speech. It’s offensive, but in the US Free Speech is protected by the constitution. There is no protection of one’s feelings in the constitution, because in order to be free to speak as one pleases, one must be free to risk offending others. The solution to this is not fewer speech rights, the solution to getting your feeling hurt by someone else's speech, is MORE speech! You have a right to debate their offensive speech. It’s called the marketplace of ideas, and in the marketplace of ideas, the BEST ideas win!

However, there are people burning the US flag here, who are not only NOT US citizens, but are here on student, visitors, and even refugee visas, and they not only burned the US flag, but they then flew THEIR national flag in it’s stead! That, while not an act of war pre se, it IS an act of foreign aggression! As flying a foreign flag by a citizen of that nation is a declaration that the territory has been seized by that nation, and MAY be seen as an act of war if that nation is at war with the US or any of her allies! This happened to be Palestinian nationals, who removed and burned the US flag, and raised the Palestinian flag. Under international law, during wartime or in occupied territories, the removal of a nation’s flag and the raising of another can signal a change in control or occupation. In such cases, it could be considered part of an act of war or occupation. However, if such an act were to occur in peacetime or in a diplomatic context, it might be viewed as a serious diplomatic incident, potentially leading to conflict, but not necessarily considered an act of war on its own! So while removing a nation’s flag and flying a foreign flag is a serious and provocative act, it is not automatically considered an act of war... Unless it is part of a broader context of military aggression or conflict. Palestine is in a military conflict with a US ally! The people who did that should have been arrested, and deported back to Palestine, immediately.

I love my country, my mother served the US in uniform, and I'm proud of her for having done that. I fully support the US Constitution, and I believe in the respect of other’s constitutional rights. Even though foreign nationals are free under the first amendment, to burn a US flag that they own, they are not free to fly the flag of their own nation over a governmental building in the United States!
I believe that any foreign national who burns the US flag and then flies a foreign flag in its place, it should be arrested and deported back to their country of citizenship! Not for burning the US flag, that is absolutely protected speech! They should be deported for flying a foreign flag on US soil! Especially if that foreign flag is flown on government property, AFTER lowering and destroying the US flag! No person in the US temporarily should ever get to disrespect our national symbol, destroy government property, trespass, commit acts of vandalism, and remain in the US… PERIOD!

Laura 🥰 🤗

Caroline91 · Accepted Answer

Some people will be offended. Others will try to understand the point being made by those burning the flag. A flag is a symbolic piece of cloth. Burning a flag is a symbolic protest for or against something. Not much different than making a huge pile of books and burning them to make a point. Let people "speak." I don't have to like it or agree with it, but I have no right to interfere with that expression.

MisterWack · Accepted Answer

Burning the US Flag is not a violation or anything unless the flag burning leads to property being damaged / harm to individuals in the process… Just seems that it is not a crime, nothing serious, and is a freedom of expression (used in peaceful protest).

Hell, I’ve seen the same people that complain about burning of US Flags flying upside down American Flags so I’d see them as hypocrites any way.

Bricealan · Accepted Answer

Try going to the country of some of the morons that burn the U. S, flag, and BURN THEIR flag in the street and see what happens to you? !!!  ... but then, we are supposed to be a civilized society?

GoodGuyBreakingBad · Answer

A group of thugs burning an American flag should be brought to justice.

msmissydc · Answer

As long as it is your own flag and you do it in a place where a fire is fine do what you want with your countries flag (same is true for other flags but its just hatred than I guess). It could be seen as critique but thats ok. I would argue it is a sign of hatred towards the country but that could be exactly the case and purpose.

If you burn a flag thats not your own and or in public thats arson. It doesn't matter what you burn but thats a crime, not because of the meaning of burning a flag but because you set fire to Something you dont own and potentially in a dangerous place as well.

mandyfire98 · Answer

It falls under the first amendment and that shouldn't be changed just because somebody burned a piece of cloth no matter what it stands for. It's still just cloth and honestly probably made in China. If individually you want to let that person inow they're being an idiot or piece of shit then do so but prison time is fucking sooo extreme lol.

purplepoppy · Answer

It's the intended consequence of the action that needs to be addressed not the fact It's a flag. It doesn't matter if it's a flag, a bible, an effigy of Trump etc if it's done with the intention of inciting illegal acts then they should be arrested.

DrPepper12 · Answer

It's protected speech as it should be. It's the offensive, grotesque, uncomfortable speech that is most in need of protection. Don't be this guy. He's a fucking moron.

electromagnetic · Answer

I guess a 2 year prison term. I honestly don’t know. Are they burning their own country flag? Another country’s flag? In protest to something?

Kayla45 · Answer

Burning any countries flags is wrong, even if it’s a country you don’t particularly like, respect each nations flags.

petitedollbabee · Answer

Nothing, provided that you own the flag. It’s just a piece of material. If you’re burning someone else’s flag then that should be a crime as you’re damaging their property.

FreyaRed · Answer

I wouldn't care. It's a crime in my country. Penal codex gives up to 1 year prison for destruction of national symbols no just of my country but others as well. However I think I could burn 100 Russian flags and prosecution wouldn't care.

paledreams · Answer

The Supreme Court of the USA can't be wrong about US laws.
Regarding the Australian flag 🇭🇲👀 - I'd have to defer to the rulings past or future of the High Court of Australia 🌏🦘 🧑🏻‍🎓🧑🏻‍🎓🧑🏻‍🎓

LaurenM1997 · Answer

If someone done that in Scotland they would get arrested

imfreeze95 · Answer

It should be a crime. There ARE limits to other rights in the constitution such as verbal threats and sexual harassment are not protected speech and assemblies can be declared unlawful if they turn riotous. Why should this be any different?

WhitneySnow · Answer

I agree with the current Supreme Court ruling

llorando · Answer

Burning a flag falls under the first Amendment, and their should no consequences (provide it's your flag and your burning it in a safe manor)

GOLDFISH_smile · Answer

If we make burning it illegal then how will people respectfully retire their old flags? Hmm?

Wiredone · Answer

If it is your flag that you paid for I don't think anything should happen. If it's someone else's flag, they should get a hefty fine

Koneko911 · Answer

Nothing.

Kelly6 · Answer

Nothing

ussr233 · Answer

A medal & a hug.

What in your opinion should be the consequences of someone burning your countries flag?

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A group of thugs burning an American flag should be brought to justice.

Is it disrespectful to burn a country's flag?

What in your opinion should be the consequences of someone burning your countries flag?

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A group of thugs burning an American flag should be brought to justice.

Is it disrespectful to burn a country's flag?

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