Donald Trump issues order defying Supreme Court precedent
Source: Newsweek
A new executive order signed by President Donald Trump on Monday will allow for the prosecution of people involved in the burning of the American flag. This is in direct opposition to a precedent set by the Supreme Court in the Texas vs. Johnson case in 1989 that deemed the action an act of "symbolic speech."
The executive order would create a penalty of one year in jail, Trump said during a press conference in the Oval Office. . .
The executive order signed by Trump on Monday is in opposition to a legal precedent set by the Supreme Court in 1989 when it reached a 5-4 decision in Texas v. Johnson. Justice William Brennan wrote that the government could not prohibit expressive conduct merely because society found it offensive.
Should the order move forward, arrests for burning the American flag would face possible legal challenges and could warrant a revisiting of the precedent.
Read more: https://www.msn.com/en-us/news/us/donald-trump-issues-order-defying-supreme-court-precedent/ar-AA1LbmDH?ocid=msedgntp&pc=HCTS&cvid=68acc0482071419386bd94e13a982949&ei=10

chicoescuela
(2,354 posts)Love John Roberts
iemanja
(56,816 posts)The order says that those who burn an American flag, whether in the U.S. or other countries, will be subject to prosecution and penalties.
Captain Zero
(8,454 posts)a megalomaniac.
thesquanderer
(12,791 posts)... though no law to prosecute them exists (yet).
Irish_Dem
(75,523 posts)Plus all their retirement income and benefits.
Stop pretending to work for the people and the US Constitution.
Captain Zero
(8,454 posts)Right in front of the white house.
They should set up a straw statue of Trump holding a flag and then light the flag.
Irish_Dem
(75,523 posts)Harker
(16,900 posts)Wouldn't that be a straw man argument?
Harker
(16,900 posts)I would never burn anyone else's flag.
I thought that in some cases burning a flag was correct etiquette.
"I thought that in some cases burning a flag was correct etiquette."
Yes.
As the crowd salutes, the flag detail dips the retired flags into kerosene and puts them on a rack over the fire. A bugler sounds "To the Colors."
https://www.defense.gov/News/Feature-Stories/story/article/2206946/how-to-properly-dispose-of-worn-out-us-flags/
republianmushroom
(21,491 posts)Orrex
(66,106 posts)You know, like he says every time.
BootinUp
(50,473 posts)Fiendish Thingy
(20,862 posts)Judges impose sentences, and if no law was broken (and there is no law, only an executive order), there wont even be a trial.
I don't think you understand where we're at.
Fiendish Thingy
(20,862 posts)Nobody is going to be indicted, tried, convicted or sentenced by a judge for violating a presidential executive order.
What Trumps Brownshirt goons do is another matter..
ruet
(10,157 posts)Fiendish Thingy
(20,862 posts)AFAIK, he hasnt even been charged/indicted with violating a presidential executive order because that isnt a thing in the Justice system.
Marthe48
(21,943 posts)n/t
Harker
(16,900 posts)littlemissmartypants
(29,900 posts)Response to iemanja (Original post)
GP6971 This message was self-deleted by its author.
Sane1
(180 posts)Is beating the crap out of a cop during the insurrection with an American flag mounted on wooden pole and used like a bat as bad as burning it??
PSPS
(14,967 posts)This sideshow, solely to give the MAGA erections, is enough to knock epstein out of the news for a while.
markodochartaigh
(4,176 posts)This isn't about burning, or disrespecting, the US flag. This is about proving that the president's power is superior to the power of the supreme court.
V850i
(113 posts)He apparently has that power as well now. No need for a Supreme Court either as they will just jump in and say how high? Why make them go through the process??
progressoid
(52,011 posts)Bluetus
(1,583 posts)EOs are simply instructions to the people that work in any agencies in the executive branch. They don't apply to anybody else.
Trump can order DOJ lawyers to try to prosecute flag-burning cases. But they will be tried under the existing laws and Constitution. Nothing that Trump writes in an EO changes that, even if he uses the biggest Sharpie ever invented.
Martin Eden
(14,892 posts)If so, Trump should be arrested.
moonshinegnomie
(3,668 posts)and in front of mar a lago and in front of every one of his golf courses
BurnDoubt
(1,067 posts)Did he say?
fujiyamasan
(723 posts)Was simply the result of bad legislation? Ah how quaint
Now its a one man decree. Next thing you know hell be naming the days of the week after his family like the former dictator of Turkmenistan (or another one of those bekki bekki
stans).
twodogsbarking
(16,005 posts)because the are MORONS, in red hats with one hand falling off.
BigmanPigman
(53,837 posts)Isn't THAT offensive? Maybe he is afraid his flag-wearing base will turn on him and burn their flags in protest.