"Is Flag Burning Free Speech?" - Trump Threatens JAIL TIME For Protestors Who Burn The American Flag
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What sparked the debate on flag burning and free speech?
Trump flag burning order sparks online conservatives free speech debate, which totally makes sense. President Trump new executive order targeting flag burning announced on Monday directs the attorney general to prosecute violations of law involving flag desecration and to pursue litigation that will clarify the scope of First Amendment as it relates to flag desecration. Rob, do you want to play this clip with the president? They're going back and forth explaining it.
This is an executive order on flag burning. It charges your attorney general. Would you listen to this?
What does Trump's executive order on flag burning entail?
This is very important.
flag-burning. All over the country, they're burning flags. All over the world, they burn the American flag. And as you know, through a very sad court, I guess it was a 5-4 decision, they called it freedom of speech. But there's another reason, which is perhaps much more important. It's called death. Because what happens when you burn a flag is the area goes crazy. If you have hundreds of people, they go crazy. You could do other things. You can burn this piece of paper. You can... And it's... But when you burn the American flag, it incites riots at levels that we've never seen before. People go crazy. In a way, both ways. There are some that are going crazy for doing it. There are others that are angry, angry about them doing it.
Do you want to discuss that?
What the executive order does, sir, it charges your Department of Justice with investigating instances of flag burning and then where there's evidence of criminal activity that where prosecution wouldn't fall afoul of the First Amendment and instructs the Department of Justice to prosecute those who are engaged in these instances of flag burning.
And what the penalty is going to be, if you burn a flag, you get one year in jail, no early exits, no nothing. You get one year in jail. If you burn a flag, you get— You can pause it right there.
And what it does is— So you get one year in jail. Tom, Adam, and Vinny, you guys got some thoughts on this. Vinny, I'm going to come to you first.
Rob, I sent you a video of one of my good friends who I who I I kind of agree with her. But like when people say burning a flag in free speech, I know it's protected under the Constitution, but they're twisting what free speech actually is. Free speech is talking, writing, protesting, holding a sign, which a lot of people love holding signs. The second you light something in fire on in public. It's actually illegal. The majority of the United States, in the United States, if you don't have a permit to burn something out in public, if it's not a pit, if it's not a controlled fire, it's illegal. Plain and simple. You can't light a bonfire. You can't start a freaking fire in the middle of the street and start grilling meat in the middle of the street.
How does flag burning relate to public safety and incitement?
I'm being technical right now, okay? So why the hell should burning a flag and these people get a free pass? And don't forget, bro, our flag, and this is my opinion. You can say whatever the hell you want. It's not just a piece of fabric, okay? It's draped over freaking coffins of soldiers who go overseas and fight for the country, okay? They're folded. They're given to freaking families of veterans who get freaking killed for this country. I don't know what people are going to say yet, but they're over there fighting for the right for the person to come and burn it. You know what the hell you're doing. And, Rob, you know who I never thought I'd say this in public or live on air? You know who I agree with and whose side I take on this whole thing?
Hillary Clinton. Hillary Clinton, one of my best friends, she actually said, you know what Hillary said back in the day in Congress? Rob, can you play that video of Hillary and what she said about flag burning? This is the first time I agree with her about anything.
So I hope, Mr. President, that we can pass a law that criminalizes flag burning and desecration. I agree that this burning, this desecration that can happen to our flag is something that people have a right to ask this body to try to prohibit and prevent.
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Chapters
8 chapters
1
What sparked the debate on flag burning and free speech?
0:00–0:31
2
What does Trump's executive order on flag burning entail?
0:31–2:41
3
How does flag burning relate to public safety and incitement?
2:41–5:30
4
What are the potential legal consequences for flag burning?
5:30–6:29
5
What is the historical context of flag burning in the U.S.?
6:29–8:41
6
How do other countries handle flag desecration legally?
8:41–12:20
7
What are the differing views on flag burning among the podcast hosts?
12:20–12:44
8
What conclusions are drawn about patriotism and free speech?
12:44–13:01
Speakers
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