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June 23, 2005
When One's Opponents Make Sense
Saw Representative Jerrold Nadler on "Fox and Friends" this morning, discussing the flag-burning amendment. He made the point that, currently, burning the flag is completely legal under the right circumstances. The prohibition against burning the flag would be only against those who advocate a particular type of speech with which someone may not agree.
I think Nadler makes sense here. In many ways, this flag-burning amendment is the conservative version of hate-crimes legislation. We're not punishing someone just for what they do, but for what they were thinking while doing it. I hate watching someone burn a flag, but am just not comfortable with a law that basically punishes someone for the opinion they hold while burning it.
Posted by slublog at June 23, 2005 09:57 AM
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» The Flag: Let 'Em Burn It from Ace of Spades HQ
I forgot to H/t Slublog earlier, so I'll try to make amends by linking his agreement with Jerry Nadler on the flag-burning amendment. This is an emotional issue. Certainly I'm sympathetic to those who serve in the military, and who... [Read More]
Tracked on June 23, 2005 02:25 PM
Comments
I don't agree with the flag-burning laws, of course, but it's not at all unusual for different laws and penalties to apply depending upon what the person was thinking at the time.
Think about negligent homicide v. premeditated murder, e.g.
Posted by: Dadahead at June 23, 2005 08:34 PM