Posted on Apr 5, 2018
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Protest
Freedom of Speech
American Flag
Posted >1 y ago
Responses: 13
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Yup, we don't have to like it or go along with it, but the police should not arrest someone for burning a flag. Now if they want to arrest them for starting an uncontrolled fire without a permit its now a public safety issue and I'm ok with that as well...
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SPC David Willis
SPC (Join to see) - Ah so glad you brought that up, perhaps look into US vs Eichman. I believe the flag had 50 stars in the 90s right? Again dude you can think its wrong all you want. But if your stance is its illegal the Supreme Court of the United States says youre wrong and no offense but theyre better at laws than you.
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SPC (Join to see)
SPC David Willis - Look, man, the second part of the penal code posted above. It states for the disposal of the flag but also has a strong word in there. (Proper). That ruling has maybe the same word wouldn't you say?
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SPC (Join to see)
SPC David Willis - I am not trying to start a personal argument here so I will end my position with this. The law is the Law. There is proper disposal, and there is disposal, it doesn't matter whether I am right, but WHAT is right. Follow the Law. Actions have consequences regardless of the reasons for those actions.
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SPC David Willis
SPC (Join to see) in terms of protests it is perfectly legal to set it on fire, and of story. If you chose to treat the flag with respect, which I personally do, US flag code sets guidelines for a retired flags destruction, but it is not legally enforceable.
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SCOTUS has already answered this question. My personal feelings are irrelevant in light of their decision.
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SPC (Join to see)
18 U.S. Code § 700 - Desecration of the flag of the United States; penalties
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(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
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(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
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"I disapprove of what you say, but I will defend to the death your right to say it"
That about sums it up.
That about sums it up.
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MSG Stan Hutchison
SPC (Join to see)
"On June 11, 1990, the Supreme Court in the case of United States v. Eichman struck down the Flag Protection Act, ruling again that the government's interest in preserving the flag as a symbol does not outweigh the individual's First Amendment right to disparage that symbol through expressive conduct."
"On June 11, 1990, the Supreme Court in the case of United States v. Eichman struck down the Flag Protection Act, ruling again that the government's interest in preserving the flag as a symbol does not outweigh the individual's First Amendment right to disparage that symbol through expressive conduct."
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SPC (Join to see)
MSG Stan Hutchison - MSG, in the same code I listed above, Part 2. also goes into the proper disposal.
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MSG Stan Hutchison
SPC (Join to see) - I realize that.
WE have a nice program up here. If your flag gets tattered and worn, there are places you can drop it off and they will handle it properly. One is a local VFW, another is a fire department.
WE have a nice program up here. If your flag gets tattered and worn, there are places you can drop it off and they will handle it properly. One is a local VFW, another is a fire department.
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SPC (Join to see)
MSG Stan Hutchison - Amen, Proper Disposal! Not just disposal! thank you for the callout to the VFW and Fire dept, MSG.
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