Tangle Should flag burning be illegal?
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Aug 28, 2025 The podcast dives into the heated debate about flag burning and its implications for free speech. It discusses a recent executive order aimed at prosecuting flag desecration, drawing connections to landmark Supreme Court cases. The conversation highlights diverse political views and public misunderstandings surrounding the legality of flag burning. Additionally, it examines societal responses, including the significance of pride and Black Lives Matter flags, while touching on capitalism's role in these discussions. Heartwarming stories and recent mental health support updates add a personal touch.
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Order Focuses On Incitement, Not Blanket Ban
- Trump's executive order targets flag desecration that is likely to incite imminent lawless action rather than banning flag burning outright.
- The order also instructs agencies to revoke visas and immigration benefits for foreign nationals who desecrate the flag.
Court Precedent Protects Symbolic Flag Burning
- Texas v. Johnson (1989) and a 1990 follow-up protect flag burning as symbolic political speech under the First Amendment.
- The executive order tries to thread a narrow path by invoking the incitement exception to First Amendment protection.
Post-Order Arrest Used Existing Fire Law
- After the order was signed, a veteran burned a flag near the White House and was arrested for lighting a fire in a public park.
- Authorities charged him under park fire rules rather than a new desecration offense.