- Trump mentioned that individuals who burn a flag needs to be sentenced to jail for a minimum of one 12 months at a rally in Tulsa, Oklahoma.
- “We should give you laws that for those who burn the American flag, you go to jail for one 12 months…we should do it,” Trump mentioned whereas pointing to Oklahoma’s two US Senators within the crowd.
- The US Supreme Courtroom, nevertheless, dominated that burning an American flag is constitutionally protected speech underneath the First Modification in 1989.
- Visit Business Insider’s homepage for more stories.
President Donald Trump mentioned that Congress ought to cross a federal regulation mandating that individuals who burn an American flag ought to go to jail for a minimum of one 12 months throughout his Saturday night time rally in Tulsa, Oklahoma.
Over the previous few weeks, some demonstrators have burned or destroyed American flags on the protests over racism and police brutality which have taken place throughout the nation.
On the Tulsa rally, Trump blasted “left-wing anarchists” for tearing down statues of historic figures like Thomas Jefferson and Christopher Columbus, mentioning one incident in Portland, Oregon the place a gaggle of protesters took down a statue of George Washington, wrapped it in an American flag, and set it on hearth.
Pointing to Senators Jim Inhofe and James Lankford within the crowd, Trump said, “We should give you laws that for those who burn the American flag, you go to jail for one 12 months…we should do it. They discuss freedom of speech and I am a giant believer in freedom of speech, however that is desecration, that is a horrible factor.”
—Trump Struggle Room (#TulsaTrumpRally) (@TrumpWarRoom) June 21, 2020
Within the 1989 case Texas v. Johnson, the US Supreme Courtroom dominated in a 5-Four choice that the act of burning an American flag is constitutionally-protected free speech underneath the First Modification.
The petitioner within the case, Gregory Lee Johnson, was prosecuted and convicted for violating Texas’ regulation in opposition to flag desecration when he burned a flag outdoors Dallas Metropolis Corridor in protest of former President Ronald Reagan.
After a Texas appeals courtroom overturned his conviction, the state of Texas appealed to the Supreme Courtroom, which ruled in Johnson’s favor.
In a separate 1990 decision, the Supreme Courtroom additionally dominated that federal laws criminalizing flag burning a criminal offense violates the structure. In United States v. Eichman, the Courtroom struck down the 1989 Flag Safety Act, which made burning or destroying an American flag a federal crime.
These two selections imply that solely a brand new constitutional modification and never an act of Congress may make burning a flag a prison act.