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THOMAS: Flagging flag burners (again)

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thursday

President Trump wants to penalize anyone who burns the American flag.

After initially announcing his intent – apparently before being told the Supreme Court has already said burning the flag is protected under the free expression clause of the First Amendment – Trump said he wishes to criminalize such behavior if it violates existing state and local laws.

In a statement released by the White House, the president said: “Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to ‘fighting words’ is constitutionally protected.

“My Administration will act to restore respect and sanctity to the American Flag and prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent........

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