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Reminder: Judge Bork also said it was OK to criminalize flag burning articles.latimes.com/1989-06-26/new… Not his finest hour.
Mickey Kaus
Kausfiles
Reminder: Judge Bork also said it was OK to criminalize flag burning articles.latimes.com/1989-06-26/new… Not his finest hour.
@kausmickey why not? Flag burning should be criminalized
@kausmickey
Symbolic speech is protected; arson is not. A statute prohibiting setting a fire in public would be facially Constitutional.
@kausmickey So did John Paul Stevens.
@kausmickey Now it feels like silly grandstanding, but was 5-4 decision with an odd mix of dissenters – Stevens, O’Connor, White. Rehnquist.
@kausmickey Odd that Kennedy didn’t join the 3 other ideological wafflers. And an often overlooked Scalia First Amendment absolutist vote.
@kausmickey Wasn’t he was pretty reluctant to strike down any duly enacted law on constitutional grounds?