Donald Trump tweeted on Tuesday that he thinks there should be harsh new penalties for flag burning, including a “loss of citizenship” or a “year in jail”:
Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!
— Donald J. Trump (@realDonaldTrump) November 29, 2016
The Supreme Court, however, has already ruled that burning the American flag is constitutional:
— Jamie Dupree (@jamiedupree) November 29, 2016
So much for judges in the mold of Scalia, who affirmed the right to burn a flag in Texas v. Johnson. https://t.co/line8ulH5b
— Bret Stephens (@StephensWSJ) November 29, 2016
This is really popular and wholly unconstitutional. https://t.co/QwWDSqb0oU
— Charles C. W. Cooke (@charlescwcooke) November 29, 2016
A little history lesson for you (and PEOTUS): burning of the flag is protected by the First Amendment. https://t.co/arhxsLXdqa
— Jacqueline Fell (@jackiefell) November 29, 2016
Hmm. Loss of citizenship for what the Court considers protected speech. Seems reasonable. https://t.co/cinbRqrhmx
— Josh Marshall (@joshtpm) November 29, 2016
Good morning! a. It is legal to burn a flag. b. Revoking your citizenship is… not a thing. This man doesn't know how America works. https://t.co/X3C9KXVCET
— Mary Beth Williams (@embeedub) November 29, 2016
Update: Senate Majority Leader Mitch McConnell might have something to say about this:
Mitch McConnell on flag burning: "People like that pose little harm to our country. But tinkering with our First Amendment might."
— Phil Mattingly (@Phil_Mattingly) November 29, 2016
Fun fact: Statement from Mitch McConnell during 2006 flag desecration amendment debate: pic.twitter.com/ceVk0tvnWC
— Carrie Dann (@CarrieNBCNews) November 29, 2016
Liberals are going to be awfully grateful for Mitch McConnell's first amendment absolutism in a Trump administration.
— Josh Barro (@jbarro) November 29, 2016
Editor’s note: This post has been updated with additional tweets.