Is flag burning protected under the first amendment?

[© tweed]

Is flag burning protected under the first amendment?

[Speed of Sound]

Absolutely. Freedom of speech covers any non-harming action that expresses an opinion.

[MODU]

No.

[nclib]

Absolutely. And it is upsurd to amend the constitution over an issue like this.

[Nym90]

As revolted as I am by the idea of flag burning, yes, I feel it is free speech, and should be legal.

[Gabu]

Even if flag burning is not protected as free speech, surely property rights would also apply, given that the government would not stop you from burning any other item that you bought with your own money (provided that you don't smoke up other neighbors).

[MaC]

yes-as symbolic speech.

[opebo]

Yes, obviously, and I find flag-burning a highly admirable activity.

[MaC]

especially the Thailand flag?

[MasterJedi]

No.

^^^^^

[A18]

Even if flag burning is not protected as free speech, surely property rights would also apply, given that the government would not stop you from burning any other item that you bought with your own money (provided that you don't smoke up other neighbors).

The fact that it's your property is meaningless.

[Bono]

Even if flag burning is not protected as free speech, surely property rights would also apply, given that the government would not stop you from burning any other item that you bought with your own money (provided that you don't smoke up other neighbors).

The fact that it's your property is meaningless.

Why? By burning the flag, he is making smoke that will polute the air, therefore increasing the market for gas masks and air filters, thereby affecting interestate commerce?

[PBrunsel]

No, you can not yell "fire" in a crowded theatre (as Justice Holmes would say) as such instigates riots, the same can be attributed to flag burining. The 1st Amendment assures limited free speech.

[Emsworth]

Yes. I cannot think of any plausible legal argument against considering flag burning speech, unless one rejects the idea of symbolic speech altogether (in which case flying a flag would not be constitutionally protected either).

No, you can not yell "fire" in a crowded theatre (as Justice Holmes would say) as such instigates riots, the same can be attributed to flag burining.

Actually, Justice Holmes did not say that you cannot yell "fire" in a crowded theater. He said that you cannot falsely yell "fire" in a crowded theater.

This distinction serves to underscore a very important point. Yelling "fire" and burning a flag are two entirely different things. The first is a statement of fact; the latter is a statement of opinion. Undoubtedly, the government may punish an individual for making false statements that lead to harm--this is the basis for crimes such as fraud, perjury, libel, and slander. However, there is no need for any such analysis when talking about opinions.

[© tweed]

No, you can not yell "fire" in a crowded theatre (as Justice Holmes would say) as such instigates riots, the same can be attributed to flag burining. The 1st Amendment assures limited free speech.

What if done in a controlled environment on private property?

Public flag burning isn't a free speech issue, it's a safety issue.  Burning a flag on private property is a free speech issue.