Flag burning, like neo-Nazi propaganda, is one of those topics that strains the edges of tolerance for free expression. It has to be repeated over and over: Free speech without the freedom to offend is not free speech.
Idiot/Savant, of No Right Turn, has noted that the Assistant Commissioner of the Metropolitan Police has called for a ban on flag burning in the UK.
Even in New Zealand, our half-hearted NZ Bill of Rights has been used to protect flag burning as political expression. In 2003 Paul Hopkinson burnt a flag on the steps of Parliament. He was charged under the Flags, Emblems, and Names Protection Act 1981 and aquitted on appeal by a judge who reread the Act in concert with the NZ BORA.
The argument is bitterly contested in the United States, where the 1989 Flag Protection Act was struck down by the Supreme Court in United States v. Eichman. In the majority decision upholding flag burning as a protected form of expression, Justice Brennan said, “Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered, and worth revering.”
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