Flag Burning

President Trump has signed an executive order directing the DOJ to prosecute flag burners.  Interesting.  As it happens, I remember when the Supreme Court declared flag burning to be an exercise in free speech and generally accepted the ruling.  However, there has been something of a double standard on this topic.  Burn the US flag and most people yawn.  Burn a Koran and government officials come out of the woodwork and vociferously denounce such sacrilege.  Leave tire tracks on a rainbow crosswalk and outraged voices denounce the offender.  Yes, a Florida man (of course) did a burnout on an LGBTQ crosswalk and found himself charged with crimes.  No free speech here?  Should flag burning get equal treatment to tire tracks on a painted street?

Even with the court being more conservative than it was in 1989 when the flag burning ruling was handed down, it isn't going to side with Trump.  He knows that.  However, as a matter of public relations, do you want to be the guy who is upset by protesters burning the American flag or indifferent to it?  Yeah, even when the court overrules him, he wins.

Looking at the practical side, it is generally illegal to start fires in public.  In response to Trump's EO, a protester lit an American flag on fire in Lafayette Park near the White House.  Shortly after, he was arrested.  Was it for flag burning?  Not exactly.  That he started a fire in the park was illegal; it didn't matter that it was a flag.  Enforcing laws against starting fires in public spaces - where such laws exist - could be a route to jailing flag burners.  It's like how the government got Al Capone for tax evasion.