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So this happened in Illinois on the 4th of July.
Forbes Welcome
I raise this issue to bring up two points:
1. This is a perfect example showing people why posting on Facebook (or any other social media) in not always in one's best interests.
2. Notice that the charges include both desecration, which under Texas v. Johnson 491 U.S. 397 (1989) cannot be made illegal by itself; and disorderly conduct which might fall under the Texas V. Johnson clarification allowing charges for the narrow government interest of preventing "flag burnings that were likely to result in a serious disturbance of the peace." https://supreme.justia.com/cases/federal/us/491/397/case.html
I don't agree with this arrest if it was based solely on reactions to a Facebook post. However, there might be some small basis if calls came in from neighbors who saw him doing this in his neighborhood. But even then it was on his own private property, done apparently for the purpose of posting on his Facebook page to express his opinion, and not to incite violence. That clearly falls under First Amendment protections explained in Texas v. Johnson, since the target audience was that small fraction of the total U.S. population who are his "followers."
Yes it is the 4th of July. Yes, many Americans feel that the symbolism of the Flag should allow legal protection against desecration. Yes, people will get upset as a result.
Still, IMO it is his personal property once purchased and he can wear it, or burn it, or fly it, and it's none of our business.
My pride rests in the Nation, not in it's symbols.
When I was a soldier I would gladly defend our garrison flag from all comers. Because in that instance it clearly represented the symbol of our nation in that spot, at that time, and by extension my right to be there to serve my nation's interests. It was my job to protect it.
A common citizen's handling of their own property is not the same thing, and I support their First Amendment right to use it to express themselves howsoever they will.
Forbes Welcome
I raise this issue to bring up two points:
1. This is a perfect example showing people why posting on Facebook (or any other social media) in not always in one's best interests.
2. Notice that the charges include both desecration, which under Texas v. Johnson 491 U.S. 397 (1989) cannot be made illegal by itself; and disorderly conduct which might fall under the Texas V. Johnson clarification allowing charges for the narrow government interest of preventing "flag burnings that were likely to result in a serious disturbance of the peace." https://supreme.justia.com/cases/federal/us/491/397/case.html
I don't agree with this arrest if it was based solely on reactions to a Facebook post. However, there might be some small basis if calls came in from neighbors who saw him doing this in his neighborhood. But even then it was on his own private property, done apparently for the purpose of posting on his Facebook page to express his opinion, and not to incite violence. That clearly falls under First Amendment protections explained in Texas v. Johnson, since the target audience was that small fraction of the total U.S. population who are his "followers."
Yes it is the 4th of July. Yes, many Americans feel that the symbolism of the Flag should allow legal protection against desecration. Yes, people will get upset as a result.
Still, IMO it is his personal property once purchased and he can wear it, or burn it, or fly it, and it's none of our business.
My pride rests in the Nation, not in it's symbols.
When I was a soldier I would gladly defend our garrison flag from all comers. Because in that instance it clearly represented the symbol of our nation in that spot, at that time, and by extension my right to be there to serve my nation's interests. It was my job to protect it.
A common citizen's handling of their own property is not the same thing, and I support their First Amendment right to use it to express themselves howsoever they will.
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