New "Prosecuting Burning of the American Flag" EO Would Violate First Amendment
15 days ago
- #First Amendment
- #Selective Enforcement
- #Flag Desecration
- The executive order targets flag desecration under content-neutral laws but is unconstitutional due to its content-based enforcement.
- Content-neutral laws like theft or fire hazard restrictions are constitutional, but selective enforcement based on viewpoint is not.
- The Supreme Court has ruled against viewpoint discrimination in cases like McCullen v. Coakley and Hoye v. City of Oakland.
- The order's focus on flag desecration as 'uniquely offensive' makes it a viewpoint-based regulation, violating the First Amendment.
- R.A.V. v. City of St. Paul established that selective regulation of fighting words based on message is unconstitutional.
- Neutral enforcement of laws like fire prevention is permissible, but targeting flag desecration for its message is not.
- The order also proposes deporting aliens for flag desecration, raising unsettled constitutional questions.