Originally posted by: destrekor
Originally posted by: glutenberg
Originally posted by: destrekor
oh come on. I fully support the proper freedoms, and understand everything I have said is not technically able to stand in a court. I know they are not rational, so don't confuse me with someone who is mindless and moronic. I have many things trapped in my mind and this is probably one of the things that should have stayed trapped.
I probably shouldn't attempt to rationalize what I have said either, it's not worth the effort nor will it ever appear rational to people who want to interpret the laws the way they currently have.
But let me just say this: the flag code deserves it's own protection, and should not be unconstitutional due to the First Amendment. Why? Because the First Amendment has been abused.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
I'm no law student, but I'm pretty sure it says peaceably assemble, and freedom of speech and freedom of press. It takes some stretching through rather interesting interpretations to read freedom of any actions desirable.
How the hell did the courts ever rule in favor of those that have chosen to not abide by the Flag Code and desecrate The Colors? Bullshit if you ask me. Thus how I say the 1st Amendment has been abused, and that blame lies on some sketchy lawyers that have defended certain people and have gotten cases taken to the Supreme Court. How the Supreme Court ever ruled in favor of the 'protesters', who knows. Maybe I need to study law a little more, and I make no claims of being a law student or one who knows all the intricacies of law.
So, instead of bashing me if I have misinterpreted everything here, how about peacefully correcting me?
And why does proper flag conduct deserve it's own code? The very people that you so highly revere didn't determine that the flag needs it's own protection. They left the Amendments open so that it is widely applicable. Freedom of speech includes freedom of expression. Hanging a flag whichever way you want to is covered under freedom of expression. It doesn't make any difference if someone is offended by another's expression. The whole point of that amendment is that unpopular sentiments are protected because the oppression of those basic rights is what leads to dictators.
you apparently misunderstand me, as I am far from favoring the removal of the basic rights afforded all citizens of this land. HOWEVER, I dare say, freedom of expression through actions is something you have to interpret, as it is not listed. I fully agree all should have the ability to peacefully protest, to say
nearly whatever they want, and print
nearly anything they want... but expression beyond those means, the only one obviously being left, through actions, was left out of that list. There are only three things a human can do to express oneself: write, talk, or act. Why would two things be listed as protected freedoms, but not the third? These are things that must be interpreted, and if only our forefathers were still around to shed light on this subject.
Oh, and an amendment has been drafted but has never been passed: The Flag Desecration Amendment.
I personally think the authors left that third method of expression out, as they probably felt it could open up the First Amendment to abuse through people's actions that would and should normally be criminal and punishable.
You tread a fine line when you start interpreting specific things that were not originally there. Who is to say what someone else interprets is wrong but your interpretation is right? This is why there should be no interpretations, and live by what is presented in the document itself. Don't add things that are not there, as then you are created law without proper authorization.