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.