Home Judge’s Opinions Judge Andrew Napolitano: Is flag burning really protected speech?

Judge Andrew Napolitano: Is flag burning really protected speech?

by Andrew P. Napolitano

"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion.” -- U.S. Supreme Court Justice Robert H. Jackson
Is flag burning protected speech? This old issue returned front and center earlier this week after President-Elect Donald Trump tweeted that he found it so reprehensible, it should be criminal. He even suggested a punishment -- loss of citizenship or one year in jail. Is the President-Elect correct? Can the government punish acts that accompany the. . .

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