Hi, I just saw the current protests that surged due to Netanyahus speech in the US. I’m just curious to know why the authorities permit them burning the American flag and vandalism of monuments.
How do freedom of speech laws work in the United States and where’s the line drawn to the action one can take when protesting.
My goal isn’t to discuss politics, so abstain from taking the thread to that direction.
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On burning the American Flag, there was a Supreme Court case that specifically decided it: Texas vs Johnson. It was a 5-4 decision, but the ruling was that burning a flag is symbolic speech and political in nature. Those are pretty much the textbook things that the First Amendment was meant to protect. I drive around in a massive truck with the words “Fuck Biden” painted on the tailgate, or in a tiny electric sedan with a bumper stick that says “Lock Trump Up”, because political speech is protected by the US Constitution and subsequent SCOTUS decisions.
Destroying monuments is another thing. I’m not sure what exactly you’re referring to, but I have a feeling it’s going to come down to the dollar amount of the damage that the individual protestors do. That would define a legit protest action versus destruction of public property. If it’s just someone spray painting a statue, it’s more likely to get ruled political speech under Texas v Johnson than if they pounded the statue into gravel. The judge or jury could find the person guilty anyway, but it would get passed up to a court of appeals, and then to SCOTUS, either of which might just call it First Amendment and be done with it.
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