By Louisa Moller, WBZ-TV


BOSTON (CBS) – In a tweet posted Tuesday morning, President-elect Donald Trump called for “consequences” for anyone who burns an American flag.

The comment came in the midst of a controversy surrounding Hampshire College in Amherst. The college decided to take down American flags on campus after students burned a flag to protest the election of Donald Trump.

Trump tweeted, “Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!”

The Supreme Court ruled twice that flag burning is protected expression under the First Amendment and cannot be penalized by jail time.

“Although President-elect Trump might not like it, it’s still the law of the land and we are a country of laws,” Boston College professor and Constitutional Law expert Robert Bloom said.

Only an amendment to the Constitution or a subsequent Supreme Court ruling could criminalize flag burning. Bloom says neither is likely.

“President-elect Trump would be hard pressed to find someone who is capable of being on the Supreme Court who wouldn’t necessarily follow the precedent,” Bloom said.

Comments (4)
  1. Suke Madique says:

    Draft dodger Trump probably does not even know old flags are to be destroyed by burning.

  2. David Keith says:

    Is this how it starts? Von Clownstick doesn’t like flag burning, therefore it should be illegal.

    Next? Consequences for criticizing the president? Loyalty oaths?

    Heil Von Clownstick?

  3. Danny Nelson says:

    Freedom of expression was never intended to mean the freedom to express a desire to destroy the country you live in by destroying the symbol that represents it. There’s a word for that… it’s called insurrection. Burning a flag is an expression of hatred towards veterans. We have a 2nd amendment for dealing with people who hate those who defend the constitution. It’s time to start exercising OUR rights.

Leave a Reply