Should flag burning be illegal?

[Steeltime]

Cross burning is illegal on your own private property? Or it's just illegal to burn a cross on someone else's property?.... as was done as an intimidation tactic.

The flag burnings I have seen are universally done in public places, and not on the private property of the person who was burning the flag. Therefore, your notation about burning a cross on your own private property and comparing that burning a flag on your own property does not really apply. Moreover, Cross burning is illegal, even when done on a person's private property, simply because the hate statutes preclude cross burnings as a matter of law if the prosecution can prove an intent to discriminate, no matter where done.

Virginia v. Black (2003) 538 U.S. 343 held that cross-burning can be a criminal offense if the intent to intimidate is proven, no matter where it takes place. Of course, as a matter of logic, the action must take place reasonably close to where the person or persons being intimidated are located, as otherwise it is very difficult to prove criminal intent to intimidate. The simple fact is this, however. If you conduct the cross burning on your own front lawn to intimidate your neighbor, you will violate the statute and be subject to criminal prosecution.

 

[Troglodyte]

The flag burnings I have seen are universally done in public places, and not on the private property of the person who was burning the flag. Therefore, your notation about burning a cross on your own private property and comparing that burning a flag on your own property does not really apply. Moreover, Cross burning is illegal, even when done on a person's private property, simply because the hate statutes preclude cross burnings as a matter of law if the prosecution can prove an intent to discriminate, no matter where done.

Virginia v. Black (2003) 538 U.S. 343 held that cross-burning can be a criminal offense if the intent to intimidate is proven, no matter where it takes place. Of course, as a matter of logic, the action must take place reasonably close to where the person or persons being intimidated are located, as otherwise it is very difficult to prove criminal intent to intimidate. The simple fact is this, however. If you conduct the cross burning on your own front lawn to intimidate your neighbor, you will violate the statute and be subject to criminal prosecution.

Well, you can't stand on your front lawn and scream threats at your neighbor either so I can understand that ruling.

 

[Coach]

That's the dreadful irony. There aren't too many places that will actually let you get away with this kind of tom-foolery.

Wig,

Did you know this?!

What many may not know is that a decade ago, Hillary Clinton called for a similar punishment. Then a United States Senator for New York, Clinton co-sponsored the Flag Protection Act of 2005. Senator Robert Bennett, a Republican from Utah, introduced the bill to the Senate in October 2005.