Old Glory, RIPSubmitted by Judge Bartley on Fri, 03/30/2012 - 12:16
Twenty-four years ago, in Texas v. Johnson, the court held that the 1st Amendment prohibits state statutes banning flag burning. /1/ In so ruling the court struck down the flag desecration statutes of 48 states and the United States; and reversed the conviction of a sub-human called Johnson. While Johnson burned the flag, his fellow protestors chanted, “Red, White, and Blue, we spit on you!” According to the court, that was “political expression” protected by the 1st Amendment, which (so the court, following a prior case, silently assumed) applies as against states through the due process clause of the 14th—even though due process applies only to judicial proceedings and never, said Alexander Hamilton, to acts of state legislatures.
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