Timeline for Is flag burning illegal in the USA?
Current License: CC BY-SA 3.0
6 events
| when toggle format | what | by | license | comment | |
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| Dec 2, 2016 at 17:42 | comment | added | BlueDogRanch | Re: cross burning: I don't know if there is anything more recent than this: aclu.org/news/… | |
| Dec 2, 2016 at 16:07 | comment | added | phoog | You are correct, I was thinking of cross burning, which isn't I suppose illegal purely as hate speech, but rather because of the threat it represents. | |
| Dec 2, 2016 at 16:01 | comment | added | K-C | @phoog Hate speech is constitutionally protected: R.A.V. v. City of St. Paul, 505 U.S. 377 (1992), Snyder v. Phelps, 562 U.S. 443 (2011). If it were found to be a true threat or incitement to violence, on the other hand, you are correct, it could be prosecuted for those reasons. This is why I say "mere" flag burning is not illegal, and give one example where another charge incident to the flag burning could be pursued. There are many others. | |
| Dec 2, 2016 at 15:58 | history | edited | K-C | CC BY-SA 3.0 |
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| Dec 2, 2016 at 15:57 | comment | added | phoog | It's also worth noting that flag burning was protected as political speech. If an act of flag burning were found to be hate speech, which does not enjoy constitutional protection, the act could be prosecuted as a hate crime, even if not under 18 USC 700. | |
| Dec 2, 2016 at 15:44 | history | answered | K-C | CC BY-SA 3.0 |