Should it be a crime to burn the American flag?

"The president-elect is a very strong supporter of the First Amendment, but there's a big difference between that and burning the American flag", he said.

Trump made the demand Tuesday morning on Twitter, his preferred mode of communication.

"If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag".

President-elect Donald Trump said Tuesday that anyone who burns an American flag should face unspecified "consequences", such as jail or a loss of citizenship - a move that was ruled out by the Supreme Court almost three decades ago. Trump tweeted on 29 November.

Trump suggested that setting fire to the flag should be punished by either a year in prison or the loss of citizenship, in a tweet early on Monday. "I don't understand why someone would want to burn the flag", he said.

In the 1989 case "Texas v. Johnson", the Supreme Court ruled 5-4 that flag burning was a form of "symbolic speech" that was protected by the First Amendment.

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Though burning the flag has been ruled constitutionally protected free speech, that hasn't stopped legislators from introducing bills to make flag burning illegal-including Hillary Clinton back in 2005.

Burning the flag as a form of protest, of course, has been more recently debated but adjudicated just as firmly by the Supreme Court. The same Gallup poll from 2006 happened to use the same wording as the State of the First Amendment poll in a separate question, and support for the amendment dropped from 56 percent to 45 percent.

I'm with Scalia. I despise watching the flag burn but how much worse would it be if we couldn't burn it?

It's not known what inspired Trump's condemnation of flag burning, or whether he will call on Congress to attempt a new law banning it. We'll protect our First Amendment. "I support the First Amendment".

The president-elect did get some pushback from Senate majority leader Mitch McConnell, R-Ky.

White House press secretary Josh Earnest said while many Americans find flag burning offensive, "We have a responsibility as a country to protect our rights that are enshrined in the Constitution".

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