Donald Trump wants people who burn the American flag to lose their citizenship or spend a year in prison, he tweeted on Tuesday morning:
Laws prohibiting the burning or desecration of the American flag have been struck down by the Supreme Court, most recently in 1989 and 1990, because they were found to have violated the First Amendment of the Constitution, which protects freedom of speech.
In its 1989 ruling, the Supreme Court upheld the right of protests to burn the flag in a 5-4 decision, with Justice Antonin Scalia siding with the protesters. He later said he based his ruling on a “textural” reading of the Constitution, according to the Constitution Center blog.
“If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag,” Scalia said in 2015 in Philadelphia. “But I am not king.”
His other Tuesday morning thoughts, CNN and Michigan: