Donald Trump has said Americans who burn the US flag should face "consequences", suggesting a year in prison or having their citizenship revoked as suitable punishments.
The president-elect's decision to highlight the issue yesterday is perplexing, says the Washington Post. "Flag-burning is not an issue that has occupied a central position in the American political consciousness of late," it says, although the flag has been set on fire in recent weeks during protests against the presidential election result.
What is the law?
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Laws prohibiting the burning or desecration of the Stars and Stripes have been struck down by the Supreme Court, most recently in 1990, because they were found to have violated the First Amendment protecting freedom of speech.
A constitutional amendment that would allow the government to ban flag-burning has been proposed many times but has never passed, says Politico.
What is Trump proposing?
While the president-elect hasn't elaborated on his call, it is possible he will look to resurrect a 2005 bill that would have banned flag-burning - co-sponsored by his Democratic rival, Hillary Clinton.
However, in an interview with CNN, Trump's senior communications adviser Jason Miller "struggled to defend the president-elect's position", says Politico.
What has the reaction been?
Trump has found himself in a minority on the issue, with even prominent Republicans arguing that flag-burning is constitutionally protected.
House majority leader Kevin McCarthy said he "did not agree with the practice" but it was important to protect First Amendment rights.
Senior Republican Sean Duffy added he thought it was "probably right that we want to protect those people who want to protest and their right to actually demonstrate with disgracing our flag".
Other warned Trump had introduced the idea of stripping citizenship rights for political speech.
-
Why are Trump's health rumors about more than just presidential fitness?TODAY'S BIG QUESTION Extended absences and unexplained bruises have raised concerns about both his well-being and his administration's transparency
-
'The McDonald's menu board is one fascinating thing'Instant Opinion Opinion, comment and editorials of the day
-
DC sues Trump to end Guard 'occupation'Speed Read D.C. Attorney General Brian Schwalb argues that the unsolicited military presence violates the law
-
Epstein accusers urge full file release, hint at own listspeed read A rally was organized by Reps. Ro Khanna and Thomas Massie, who are hoping to force a vote on their Epstein Files Transparency Act
-
Court hands Harvard a win in Trump funding battleSpeed Read The Trump administration was ordered to restore Harvard's $2 billion in research grants
-
Why reports of Donald Trump's demise are greatly exaggeratedIn The Spotlight US president has once again brushed aside rumours that he's dead
-
US kills 11 on 'drug-carrying boat' off VenezuelaSpeed Read Trump claimed those killed in the strike were 'positively identified Tren de Aragua Narcoterrorists' shipping drugs to the US
-
Trump vows to send federal forces to Chicago, BaltimoreSpeed Read The announcement followed a California judge ruling that Trump's LA troop deployment was illegal
