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New "Prosecuting Burning of the American Flag" EO Would Violate First Amendment
[1.] The order doesn't purport to cover all flag desecration, presumably recognizing that the Supreme Court has held that flag…
But the Order expressly targets flag desecration that violates those laws because it communicates a "uniquely offensive and provocative" of "contempt, hostility, and violence against our Nation—the clearest possible expression of opposition to the political union that preserves our rights, liberty, and security." During the same summer, District police officers arrested two pro-life advocates in a smaller protest for chalking "Black Pre-Born Lives Matter" on a public sidewalk…. Finally, the Order contemplates deporting and otherwise denying immigration benefits to aliens who desecrate the flag, "under circumstances that permit the exercise of such remedies pursuant to Federal law."
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