Analysis: New Executive Order on Flag Desecration Prosecution Would Violate First Amendment Protections
By
pcaharrier
Master baker tier. Every paragraph earns its place on the tray.
Summary
The article analyzes a new executive order targeting flag desecration, arguing that prosecutions under this order would violate the First Amendment despite the order's attempt to target only flag burning that violates content-neutral laws. The author cites Supreme Court precedents (Texas v. Johnson, U.S. v. Eichman) that have established flag desecration as protected speech and explains why even content-neutral approaches to punishing flag burning would still constitute unconstitutional viewpoint discrimination.
Key quotes
· 3 pulledThe order doesn't purport to cover all flag desecration, presumably recognizing that the Supreme Court has held that flag desecration as such can't be banned
See, e.g., Texas v. Johnson (1989); U.S. v. Eichman (1990)
Rather, it covers desecration that violates 'applicable, content-neutral laws, while causing harm unrelated to the message'
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