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Trump Proposes Doubly Unconstitutional Punishment for Flag Burning

HeadlineNov 30, 2016

Donald Trump also sparked controversy on Tuesday when he made two unconstitutional proposals in a single tweet, writing, “Nobody should be allowed to burn the American flag–if they do, there must be consequences–perhaps loss of citizenship or year in jail!” The Supreme Court has ruled twice that flag burning is protected under the First Amendment. The Supreme Court has also ruled it’s unconstitutional to strip people of citizenship for most crimes, including desertion. In a 1958 ruling, Supreme Court Justice Earl Warren wrote, “The deprivation of citizenship is not a weapon that the Government may use to express its displeasure at a citizen’s conduct, however reprehensible that conduct may be.”

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