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Reason
Reason
Politics
Jacob Sullum

Trump's Favorite Justice Was One of Those 'Stupid People' Who Think Flag Burning Is Protected Speech

During a presidential debate in 2016, Donald Trump described the late Supreme Court Justice Antonin Scalia as a "great judge" and promised to "appoint judges very much in the mold of Justice Scalia." Trump may not have realized that Scalia was one of those "stupid people" who think flag burning is protected by the First Amendment.

Last week, as Reason's Emma Camp noted, the former president said people who burn U.S. flags (even ones they own) should go to jail. He was reiterating a position that he took in November 2016, a month after the debate in which he praised Scalia. "Nobody should be allowed to burn the American flag," Trump tweeted back then. "If they do, there must be consequences—perhaps loss of citizenship or [a] year in jail!"

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