David Vance SubstackRead More
My late grandmother always said to me that “you can’t eat a flag’. What she meant by that was for me not to get overly invested in ostentatious displays of national patriotism. I think that was a fair comment. However the way that we treat our National Flag is important and the question I want to raise in this article is simply this; Is it ok to burn your National Flag?
Let’s jump across to the White House where President Trump has something very strong to say on the subject;
Burn the US Flag? You will serve one year in jail – fixed term.
Now this has been met with mixed reactions with some more libertarian minded commentators suggesting that we should be free to burn whatever flags we want. I disagree. The National Flag is more than just a symbol, it is the manifestation of the Nation and burning it is a direct attack on the Nation. Trump is making the bold statement that if you knowingly burn it, that is an act of incitement and that will carry a prison sentence. There is a consequence to your action.
There is some nuance to what Trump is saying here. stick with me.
It does not make the mere act of burning a US flag illegal—that is still constitutionally protected speech. What it DOES make illegal is this: burning a US flag “in a manner that is likely to incite imminent lawless action or that is an action amounting to “fighting words”.” So if you want to go burn your own flag in your own backyard, have at it. But if you want to burn that flag amidst a violent “Death to America” rally paid for by George Soros, that’s something altogether different.
Clear? Burning the US flag in a public space with the intent to incite is the crime and I think that this is fair enough. People fought and died for their National Flag and I think that respecting it seems a reasonable ask. However if you want to burn it in the privacy of your own property, that’s ok, it’s protected speech!
