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:
The US Supreme Court ruled in 1989 that flag burning was protected by the First Amendment https://t.co/fU8gMy4Cob https://t.co/UTtWK1SbHH
— Jamie Dupree (@jamiedupree) November 29, 2016
https://twitter.com/StephensWSJ/status/803578416226299904
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
https://twitter.com/embeedub/status/803576474603229184
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.