Re:New "Prosecuting Burning of the American Flag" EO Would V...
by IAmBroom on Tuesday August 26, 2025 @10:09AM
(#45026814)
Speech implies intended communication of a message.
Burning the flag in a box of discarded junk from Grandma's house is intentional, but without message. I could conceive of that being made illegal... but so incredibly rare as to be pointless.
Burning the flag as part of the solemn, prescribed way to burn a flag has intent and message, and is speech. So is burning the flag to protest the US involvement in whatever atrocity the government is currently involved in.
Burning the flag in a box of discarded junk from Grandma's house is intentional, but without message. I could conceive of that being made illegal... but so incredibly rare as to be pointless.
Burning the flag as part of the solemn, prescribed way to burn a flag has intent and message, and is speech. So is burning the flag to protest the US involvement in whatever atrocity the government is currently involved in.