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Wednesday, November 30, 2016

Mr. Trump, Meet the Constitution - The New York Times

"... When Donald Trump, hand on the Bible on Jan. 20, swears to preserve, protect and defend the Constitution of the United States, we the people will have good reason to doubt he knows what he’s talking about. Consider what he tweeted out on Tuesday:



“Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!”



Here’s where we explain what shouldn’t need explaining. Flag-burning is constitutionally protected speech. The Supreme Court has made this clear, in a ruling joined by Mr. Trump’s favorite justice, Antonin Scalia. It’s popular to want to punish flag-burners — pandering politicians, including Hillary Clinton, have tried. But the First Amendment exists to protect unpopular, even repulsive forms of expression. As the Supreme Court said in a 1990 decision finding a federal law against flag-burning unconstitutional, “Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered, and worth revering.”



It’s interesting that so many of the people, like Mr. Trump, who are eager to punish flag-burners are at the same time so untroubled by speech that offends minorities, women and other Americans. They rail against any concern about that kind of speech as “political correctness.” But in this country, flag-burning is about as politically incorrect as anything you can do. Where is their courageous defense of speech now? Isn’t Mr. Trump the man who stood up for the freedom to say brutally unpleasant things? Who said, at the Republican convention: “I will present the facts plainly and honestly. We cannot afford to be so politically correct anymore.”



The court, by the way, has also declared that citizenship cannot be stripped away, not by Congress or the president, not in this democracy..."



Mr. Trump, Meet the Constitution - The New York Times

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