Burning the American flag can and should be made illegal. Here’s how:

 

flag-burning-nyc-2015-credit-jon-campbell-05Flag burning could easily be determined to be “Fighting Words” under the 1942 SCOTUS doctrine, and thus represent a form of “speech” that is a danger to the community.

In the USA there is actually no right to speak fighting words, which are “those words without social value, directed to a specific individual, that would provoke a reasonable member of the group about whom the words are spoken”.

With regards to flag burning targeted to a “Specific Individual”, that term could include any Veteran or Veteran’s family member that is a victim of a “flag assault” who happens to be in the vicinity of the offence.

Though the Supreme Court has effectively limited the “Fighting Words” exception to only include abusive language, exchanged face to face, which would likely provoke a violent reaction, flag burning could be included within the definition of “Fighting Words” by statute or executive order, in order for it to qualify as a form of “Fighting Words” under the current interpretation of the SCOTUS 1942 doctrine.

This may be stretching the legal definition of “Fighting Words” slightly. But no more of a stretch than saying that flag burning is itself some sort of “free speech” to begin with.

After all, is Cross Burning “free speech”?

Before anyone starts thinking that this is a completely partisan policy position, keep the following news nugget from breitbart.com in mind:

cycn_i4vqaemin_-1Breitbart.com: Flashback: Sen. Hillary Clinton Co-Sponsored Bill to Punish Flag Burners

President-elect Donald Trump isn’t the first person to propose punishment for burning the American flag. Consider the Flag Protection Act of 2005, co-sponsored by then-Sen. Hillary Clinton (D.-N.Y.).

“Any person who shall intentionally threaten or intimidate any person or group of persons by burning, or causing to be burned, a flag of the United States shall be fined not more than $100,000, imprisoned for not more than 1 year, or both,” read the bill, which Clinton co-sponsored the day it was filed by Sen. Robert Bennett (R.-Utah), along with Sen. Barbara Boxer (D.-Calif.), Sen. Thomas Carper (D.-Del.) and Sen. Mark Pryor (D.-Ark.).

The above proposed bill attempted to equate flag-burning with cross-burning, which the Supreme Court has ruled can be prosecuted. The flag burning itself is the “violence” that the law was intended to stop. I don’t think that this idea ever had much of a chance of surviving a SCOTUS challenge.

Without a constitutional anti flag burning amendment, including flag burning within the “Fighting Words” SCOTUS doctrine has a far greater chance of surviving a SCOTUS challenge than the failed Hillary Clinton co-sponsored Senate bill.

The fun part of Trump’s tweet is the usual media pavlovian barking and salivating over Trump’s “authoritarian attack on free speech” with many apparently not realizing that Clinton had actually tried to pass a law, while Trump merely tweeted his opinion.

Tool of the day award goes to: David Frum! (who also should know better)

Best flag burn caption:

 

The parade of “Literally Hitler” Trump Administration Cabinet picks will be epic

Via HotGas:

128btaPresident-elect Donald Trump has offered the position of attor­ney gener­al to Sen. Jeff Sessions (R-Ala.) and the position of CIA direc­tor to Rep. Mike Pompeo (R-Kan.), accord­ing to sources close to the transi­tion.

Sessions’s offer was final­ized Thurs­day and the senator has been working with staff to lay the ground­work for an official announce­ment, said one person close to the transi­tion, who request­ed anonymi­ty to discuss inter­nal delib­er­a­tions.

Two sources who have spoken direct­ly with Trump officials said Pompeo had been offered and has accept­ed the job of CIA direc­tor. They also asked for anonymi­ty because they are not autho­rized to speak publicly about the process.

Now it’s getting pretty funny.

Sessions is already “Literally Hitler” this morning … replacing Bannon as this week’s “Literally Hitler”.

Everybody in the Trump administration is going to be “Literally Hitler” … until the next Cabinet announcement.

I feel sorry for the last Cabinet member, because like musical chairs, the last Cabinet pick will be “Literally Hitler” until the SCOTUS nominee. (Then the new SC Justice will be “Literally Hitler” for a while)

The media are busy decrying so-called “Fake News” websites that publish news unadulterated with leftist propaganda, while simultaneously publishing fake claims of “Literally Hitler” for every GOP candidate, appointee and supporter (which is something has actually been going on for the last 30 years at least).

This years Presidential Campaign has the Media beclowning themselves to such an extent with endless false stories and crazy conspiracy theories about Trump the Trump campaign, and Trump supporters that they may actually lose one or two viewers & readers.

Paul Watson sums it up nicely:

After an early evening of Fake News Reports saying Hillary had a 97% chance of winning, Trump is our new president

hillary-supporters-crying3I was pretty dang depressed at about 6:00 my time on election night. I was watching the early Exit Poll reports and things looked bad … about as bad as the polls indicated the day before.

So I shut down the computer and tuned the TV onto my trusty Xbox One and played guitar (Rocksmith 2014 is highly recommended if you’ve ever wanted to learn to play guitar). I played a few tunes and was getting over my electoral sadness when one of my friends called me to excitedly tell me that he thought Trump was going to win.

I tuned back into the news programs just in time to see newscasters on almost every network appear about to burst into tears as Trump’s winning in state after state was announced.

 

All in all a fun night!