He was convicted because he stole the banner and burned it. Just like anyone who steals and destroys someone else's property might be.

Burning someone else's American flag would be a crime because it's someone else's flag.

You don't get a first amendment right to burn other people's stuff.

That’s actually what the article says is being addressed, just prioritizing action against the content neutral act.

>> therefore cover desecration of a flag stolen from government property, or flag burning in a fire hazard zone on federal property.

Which is also not how Trump and his cronies are talking about the EO.

The President "faking" chilling protected speech is exactly the same as chilling protected speech.

That's basically what this EO is.

Prosecuting people who burn the flag for whatever other small crimes may have been related.

Both are absolutely awful. You shouldn't defend that tyrannical ruling and I won't defend this.

> if the US simply eminent domains all American flags

That's not a thing.

No, that's just asinine BS.

I'm not sure how that's the conclusion you're coming to from reading that article.

In your example, the Israeli flag was around someone else's neck, belong to that person, and was yanked on, and the case law establishes that attacking someone who has an Israeli flag can be considered the motivation that makes it a hate crime.

And even if you read the paragraph that states

> Mainen said the ruling was significant because it established case law equating attacks against the Star of David and Israeli flag with antisemitism. Case law is formed by judges writing opinions on individual cases that guide legal interpretations in future cases. Case law differs from legal precedents in that precedents are binding, meaning they are rulings that courts must adhere to, while case law serves as a guidepost.

It still a- does not make it "illegal" and b- does not put it in a context where you decide to buy your own Israeli flag and burn it.

That case most certainly did not hold that "we cannot legally burn a foreign country's flag in the US."

https://reason.com/volokh/2025/08/05/finding-that-defendant-...

That's an odd distortion of the case. Even in the article you link, it's clear that the ruling doesn't mean we cannot legally burn a foreign country's flag. The ruling was about someone wearing the Israeli flag being assaulted and the court determined that the involvement of the flag indicated that the assault was racially motivated.

He wasn't sentenced for burning a flag, he was sentenced for destroying stolen property. The first amendment doesn't enter into it. If he brought his own flag and burned that, there wouldn't have been a legal issue with it.

Five months for stealing a flag? There's another part of the constitution which says the punishment must fit the crime. We don't care about this part though, do we?

Edit: since I'm "posting too fast"

>has some value.

https://www.amazon.com/s?k=black+lives+matter+flag

It's a $20 flag, and we paid for his rent and meals for five months over it. He could have simply been court ordered to replace their flag, but instead we spent a mountain of tax money feeding and housing him. He won. And the 1A lost at the same time.

"Theft in the second degree. — Any person convicted of theft in the second degree shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 180 days, or both, if the property obtained or used has some value." https://code.dccouncil.gov/us/dc/council/code/sections/22-32...

Stealing and destroying it, yes. The destroying is an important part. But, for the record, lots of people have done much longer sentences for stealing less.

> "Five months for stealing a flag?"

Serial offender who was convicted of theft in 2004, at the age of 20; convicted again of felony theft in 2012, at the age of 28 (for which he was sentenced to 30 months in prison); and convicted against in 2022, at the age of 40, for his violent role in attacking the US Capitol (for which he was sentenced to 22 years, and pardoned).

https://en.wikipedia.org/wiki/Enrique_Tarrio

It was pretty shameful how Democrats tried to ruin these people’s lives.