Talk of The Villages Florida - View Single Post - Lake County Democrats deface American Flag
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Old 03-15-2012, 07:06 AM
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Default Defacing the flag is an action, not really speech.

Quote:
Originally Posted by djplong View Post
Unfortunately, yes.

Nazis have the right to march in Skokie IL. Freedom of speech, you know.

Veterans have the right to express their anger if I were to deface the flag. Heck, I'd *expect* it of them if I were stupid enough to do it. But they do NOT have the right to try to confiscate my property.

People have a right to unpopular opinions. That's where Freedom of Speech gets it's true test. Not in the opinions we all agree upon - but on the ones we DON'T.

When flag-burning was "all the rage" and people wanted to pass laws against it they claimed how shocked our forefathers would be at such behavior. I pointed out that, had they thought of it, they probably would have DONE it. Remember, we had a revolution against the most powerful, most progressive and most advanced empire in the world at that time. British subjects had more rights than just about anyone else in the world - which is what confounded so many back in Europe...
I do not see this as a freedom of speech issue. There is communication, but it is done by doing something not through talking. Action as speech is an interesting issue. A march probably would be seen more as action rather than talking unless you also bring in the right of assembly and to petition the government for grievances. http://en.wikipedia.org/wiki/Flag_Desecration_Amendment

I know there are various US Supreme Court cases on action as speech but what does the Constitution say???