© Greg Nash
Rep. Justin Amash (R-Mich.) on Tuesday defended the constitutionality of flag burning, saying President-elect Donald Trump would violate freedom of speech if he cracked down on it.
"Nobody should burn the American flag, but our Constitution secures our right to do so. No president is allowed to burn the First Amendment," Amash tweeted.
Trump earlier Tuesday floated severe penalties for flag burning, mentioning loss of citizenship or a year in jail.
Nobody should be allowed to burn the American flag if they do, there must be consequences perhaps loss of citizenship or year in jail! he tweeted.
Trump did not specify what inspired his 7 a.m. tweet about flag burning, which is considered protected speech under U.S. law. The Supreme Court ruled in Texas v. Johnson in 1989 that burning the American flag is allowed under the First Amendment.
A spokesman for Trump on Tuesday said he agrees with Trump that the controversial act should be outlawed.
I think most Americans would agree with me that flag burning should be illegal. Its completely despicable, Jason Miller told CNNs New Day."
Rep. Sean Duffy (R-Wis.) told CNN he disagrees with Trump, though.
I dont think we want to make this a legal issue. So I disagree with Mr. Trump on that, and the court is probably right," Duffy said.
I think the court is probably right that we want to protect those people who want to protest and their right to actually demonstrate with disgracing our flag, even though so many of us who love our country and love our flag object to it.
House Majority Leader Kevin McCarthy (R-Calif.) also split with Trump and defended flag burning as free speech.
We have a First Amendment right. Well protect our First Amendment. Thats what the court has upheld, he said on MSNBCs Morning Joe on Tuesday.
Poster Comment:
House Majority Leader Kevin McCarthy (R-Calif.) also split with Trump and defended flag burning as free speech
Already there are the beginnings of an impeach Trump movement in the HOR, and he hasn't even taken office yet.