Title : When Biden introduced a bill to make it a crime to burn the American flag.
link : When Biden introduced a bill to make it a crime to burn the American flag.
When Biden introduced a bill to make it a crime to burn the American flag.
It was back in 1989, right after the Supreme Court had held that it violated the First Amendment to make it a crime to burn the flag to express a political opinion. Look at the gravity and sincerity (or did I see a smirk?). [WaPo's code to embed the clip did not work, and I haven't found a substitute.]"Symbols are important... We have a symbol, unlike the court’s inability to recognize it, a symbol that is needed to unite this nation, this diverse nation, a symbol is the flag."
And if that statute didn't work, he wanted a constitutional amendment. He was ready to cut back the First Amendment.
I'm reading about this in the Washington Post — "Joe Biden used to agree with Trump on flag burning. Where does he stand now?" by Karen Tumulty.
A version of Biden’s legislation passed Congress and became law. On May 14, 1990, the day the Supreme Court heard oral arguments in a case challenging its constitutionality, Biden held a news conference and declared the government has a “legitimate interest” in protecting the flag. The court struck down the law, citing the First Amendment’s protection of free speech....That was entirely predictable, but Biden and others served their political interest by flaunting an intense desire to protect the flag.
As late as 2006, near the end of his 36 years in the Senate, he voted in favor of a measure that would have imposed fines of as much as $100,000 and a year in prison for anyone who would “intentionally threaten or intimidate any person or group of persons by burning, or causing to be burned, a flag of the United States.”...The idea there is to work with the "true threat" exception to freedom of speech and accomplish the political posturing.
Is this still Biden’s position? “This is a long-settled constitutional question, with the Supreme Court ruling that flag burning is free speech. For Donald Trump to try to politicize the issue is just that: politics,” Biden campaign spokesman Andrew Bates told me. He added that Biden does not support a constitutional amendment to ban flag burning....Here's that tweet:
The weaponization of patriotism against Democratic presidential candidates is a well-thumbed page of the Republican playbook, going at least as far back as George H.W. Bush’s attacks on his 1988 rival, Michael Dukakis, for vetoing a 1977 state bill that would have required teachers to lead schoolchildren in reciting the Pledge of Allegiance. But no one in memory has used it as aggressively as Trump, who throws around charges of “treason” with abandon.
On Wednesday, Trump retweeted a video put together by Senate Republicans that began with an image of a U.S. flag on fire and continued with more of protesters pulling down statues. “Since Democrats won’t speak out against the destruction happening in liberal cities across America . . . We will,” the Republicans wrote.
Since Democrats won’t speak out against the destruction happening in liberal cities across America…— Senate Republicans (@SenateGOP) June 30, 2020
We will. pic.twitter.com/femOwAe0Qm
Tumulty continues:
In his news conference on Tuesday, Biden threaded the needle on the question of taking down monuments, suggesting that while those commemorating traitorous Confederate leaders belong in museums, those to the imperfect men who founded the republic should stay up.We need Biden to answer tough questions about his past support for this kind of legislation. I want to hear him speak about it, not get stuck with the coldly packaged material from the spokesman. Things like: "For Donald Trump to try to politicize the issue is just that: politics." Look at Biden's record. He politicized the issue himself, so by the spokesman's own formula, it was also just politics for Biden. You have to make the inference yourself.
“There is a difference between reminders and remembrances of history,” he said. “The idea of comparing whether or not George Washington owned slaves or Thomas Jefferson owned slaves, and somebody who was in rebellion committing treason . . . trying to take down the union and keep slavery. I think there’s a distinction.”
But I want to see Biden confronted with the question: Your spokesman said that for Donald Trump to try to politicize flag burning is just that — politics. Was it also just politics when you used your power as a Senator to try to criminalize flag burning?
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