After carefully studying the Structure, the Supreme Courtroom knowledgeable us that the speech the First Modification protects is available in many modes. Speech might appear like an arm band worn to protest a struggle (Tinker v. Des Moines). Speech may even appear like companies throwing a bunch of cash at their most well-liked candidates (Residents United v. FEC). Hell, Speech may even pop up as one thing morally objectionable of unsavory like burning the American Flag (Texas v. Johnson). However does any of that matter if the President decides to handwave away foolish issues like “binding precedent” or judicial evaluate? Effectively no, as long as you perform a little lipservice and faux as if the Courtroom can be cool together with his carve out anyway. That is straight from the White Home:
Burning [the American Flag] might incite violence and riot…However the Supreme Courtroom’s rulings on First Modification protections, the Courtroom has by no means held that American Flag desecration performed in a way that’s more likely to incite imminent lawless motion or that’s an motion amounting to “combating phrases” is constitutionally protected. See Texas v. Johnson, 491 U.S. 397, 408-10 (1989).
My Administration will act to revive respect and sanctity to the American Flag and prosecute those that incite violence or in any other case violate our legal guidelines whereas desecrating this image of our nation, to the fullest extent permissible underneath any out there authority.
“Could” is doing lots of work right here — many issues starting from parking spot competitors to an Eagles Superbowl win “might” incite violence and/or riot. Will there be authorized penalties for a hearty “E-A-G-L-E-S EAGLES!” yell at AT&T Stadium? Issues don’t all of a sudden quantity to “combating phrases” simply since you think about some eggshell crowd member whose world will upend if he hears love for the fallacious crew or if kerosene and sparks burn some “Made In China” Americana — which applies simply as properly to a soccer jersey or the Stars and Stripes. Our day after day is so warped by the Tradition Conflict that rattling close to something may be framed as affirming or desecrating our nation. Simply earlier this yr, sporting masks for public security or not was mentioned on the extent of selecting liberty or demise:
Yeah, we did not comply the primary time right here in Texas, and we can’t be this or every other time both. They know the place they’ll stick their masks… 若 pic.twitter.com/Sv4s1N80OS— HW Helser (@HW_Helser) January 3, 2025
How far is the administration from deciding that masks sporting — except it’s an ICE agent, naturally — is simply as unAmerican as flag burning or not investing in TrumpCoin, tacitly blessing every time some rando will get so mad about it that they begin punching folks? As a result of one thing so simple as masks sporting is already being handled as “combating phrases” by some:
Thankfully, we received’t have to attend lengthy to see how sport altering this decree can be for the appropriate to protest — a veteran has already burned an American flag in entrance of the White Home to spite the order:
BREAKING: A veteran was simply arrested exterior the White Home for burning the American flag.In 1989, the Supreme Courtroom dominated flag burning is protected speech underneath the First Modification.Trump’s crackdown doesn’t override the Structure, it violates it.If we’re locking up… pic.twitter.com/HPfoHHW8P5— Brian Allen (@allenanalysis) August 25, 2025
ps:Let’s see how robust no matter is left of speech protections truly is.
PROSECUTING BURNING OF THE AMERICAN FLAG [Whitehouse.gov]
Chris Williams turned a social media supervisor and assistant editor for Above the Legislation in June 2021. Previous to becoming a member of the employees, he moonlighted as a minor Memelord™ within the Fb group Legislation College Memes for Edgy T14s . He endured Missouri lengthy sufficient to graduate from Washington College in St. Louis College of Legislation. He’s a former boatbuilder who’s studying to swim, is taken with crucial race idea, philosophy, and humor, and has a love for biking that sometimes annoys his friends. You may attain him by electronic mail at [email protected] and by tweet at @WritesForRent.
