| Mmmm, Burger (C.J.) |
06-22-2005 05:56 PM |
flag-burning
Quote:
Originally posted by Tyrone Slothrop
eta, in response to Burger:
I thought Atrios was pretty clear. He's not complaining about a potential conflict between the Constitution and the U.S. Code. He's pointing out that the purpose of the amendment is not to punish certain actions (e.g., burning), but to punish certain ideas (e.g., burning a flag in protest against the government, as opposed to burning it pursuant to the code).
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I apparently misunderstood that he was making an interesting point. Of course it goes to punishing ideas, or at least statutes that would punish ideas. That's a novel take on it?
There's nothing facially objectionable about the amendment itself, I suppose. The problem comes when Congress passes another flag desecration law, which will be in immediate tension with the first amendment. Which trumps? |
