Burning the US flag is fine, but the rainbow one not

[rangerrebew]

Burning the US flag is fine, but the rainbow one not
The US Supreme Court (SCOTUS) has held that the government cannot prohibit citizens from desecrating the American flag. Congress has repeatedly attempted to outlaw flag burning through legislation and constitutional amendments, without success. The rainbow flag is another matter altogether.

Published: February 25, 2023, 8:14 am

WASHINGTON
The court interpreted the First Amendment to apply to symbolic expressions such as burning flags, burning crosses, wearing armbands, and the like.

In Texas v. Johnson, the court ruled that the First Amendment protects burning the flag because the act falls within “expressive conduct”. When Gregory Johnson burned the flag to protest the policies of then-President Ronald Reagan, he was arrested for violating a Texas law.

In the 5-4 SCOTUS decision which struck down the law as unconstitutional, it stated: “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

https://freewestmedia.com/2023/02/25/burning-the-us-flag-is-fine-but-the-rainbow-one-not/

[Maj. Bill Martin]

The article is misleading. The guy was convicted of stealing a gay pride flag off a church, and then burning it. He apparently had an extensive prior record, and so was charged as a repeat offender.  That's how he got such a long sentence for a comparatively minor offense.

There is nothing in the article suggesting that you can be prosecuted simply for burning a gay pride flag that you don't steal off a building.

And yes, people have been prosecuted for stealing an American flag and burning it in public.