Hate speech is literally more protected than this, lol, lmao

  • MemesAreTheory [he/him, any]@hexbear.net
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    9 months ago

    I still think I’m uniquely positioned to challenge this and the isntrael law. An American Jew (and a white passing man) being tried for burning the American flag and Israeli flag together. Come at me justice system; you weren’t built to punish people like me. This is one matter that I actually think our shambolic zombie legal system has enough inertia to reflexively defend the individual still.

      • MemesAreTheory [he/him, any]@hexbear.net
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        9 months ago

        Look I’m not trying to dox myself by volunteering too much information, but I know a thing or two about the case law here and how the handling of these kind of challenge cases goes. I have some unique factors that would make me seem like an extraordinarily sympathetic defendant for this kind of case, and the case law is very established and friendly to ANY potential defendant. I’m not saying there’s no risk, but if anyone is going to stand up and risk taking a proverbial bullet on this hill to hold ground for others, I’m maybe one of the best situated to do it. Even losing the case has some value if it provides more fodder for radicalization of others by being widely publicized.

  • godlessworm [comrade/them]@hexbear.net
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    9 months ago

    just a reminder to all that this doesn’t mean anything. EOs arent laws. also any law stating this would be unconstitutional, not that it matters, but with something so blatant it would be one of the few things they would have to abide by the constitution on to keep up the charade

  • InevitableSwing [none/use name]@hexbear.net
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    9 months ago

    I was going to write “it will never stand up in court” but then I realized the the Schoolhouse Rock “I’m Just a Bill” song needs a remix and brand new lyrics.

    I’m just Trump’s executive order 'til GOP SCOTUS makes me a law…

  • Evilphd666 [he/him, comrade/them]@hexbear.net
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    9 months ago

    I don’t think he can overturn long standing case law like that.

    AI slop

    The U.S. Supreme Court case Texas v. Johnson (1989) affirmed that burning the American flag is protected speech under the First Amendment. Gregory Lee Johnson burned a flag during a political protest at the 1984 Republican National Convention in Dallas to protest the policies of the Reagan administration. He was convicted under a Texas law prohibiting desecration of a venerated object, but the Supreme Court reversed the conviction in a 5–4 decision.

    The Court held that Johnson’s flag burning constituted expressive conduct, or symbolic speech, protected by the First Amendment.

    Justice William Brennan, writing for the majority, concluded that the state could not punish flag desecration to preserve the flag as a symbol of national unity, as this interest was directly related to suppressing expression.

    The Court also found that the act did not threaten a breach of the peace, and the government cannot ban expression simply because it offends the audience.

    Following this decision, Congress passed the Flag Protection Act of 1989, but the Supreme Court again struck it down in United States v. Eichman (1990), reaffirming that flag burning is a form of protected expressive conduct.

    • PeeOnYou [he/him]@lemmygrad.ml
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      9 months ago

      Someone literally asked if anyone provided a service to ‘retire’ old US flags properly on nextdoor in my area. I thought about replying to it and grabbing their flags for a nice little bonfire but I’m too lazy.