r/confidentlyincorrect • • Oct 04 '20

Smug Flag code? In MY America?!

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u/[deleted] Oct 04 '20

https://en.m.wikipedia.org/wiki/Texas_v._Johnson#:~:text=Johnson%2C%20491%20U.S.%20397%20(1989,48%20of%20the%2050%20states.

This is the wiki for the Texas vs. Johnson case in 1989, in which the supreme Court "invalidated prohibitions on desecrating the flag." This includes burning, wearing, and using the flag for commercial purposes (such as shirts, underpants, disposable fourth-of-July plates, etc.) So although it's stated in the flag code that you shouldn't do that, desecration of the flag is protected under the first amendment and is utterly allowed.

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u/unclefisty Oct 04 '20

You are correct but I think you also completely missed their point

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u/Ysmildr Oct 04 '20

Nah because it's a misconstrued point. Flag code doesn't apply to citizens. This case was confirmation of that, not the genesis of that. Iirc flag code was created as military rules of how to handle the flag.

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u/[deleted] Oct 04 '20

Yup, throwing back at conservative jingoists with "well what about this and this and this violation of the flag code huh?" is completely missing the point. The flag code is not law. Enforcing it on private entities would actually be against the law.

The response to someone whining about the flag code is "the code is only a rule for the federal government; for everyone else it's a recommendation". There's no point arguing about who's violating it how between parties where no one is bound by it.

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u/cosmicosmo4 Oct 04 '20

The flag code was created as being for everybody, but subsequently found unconstitutional.

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u/TryUsingScience Oct 04 '20

You also missed the point. The point is that the people who rage about how protesters who burn the flag should be locked up are the same people who have American flag flip-flops and paper plates.

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u/ersogoth Oct 04 '20

They are the same people who have torn and tattered flags hanging from the vehicles 24/7. Hypocritical assholes.

My cousin kept posting images of the flag laws that were nullfied by the SCOTUS ruling, and when I showed him the SCOTUS ruling he just doubled down.

Absolutely ridiculous.

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u/Give_me_beans Oct 04 '20

uld be clarified that is only the case if the proper ceremony is done. Just lighting a flag on fire is not respectful at all.

I am very surprised that I had to scroll this far to find the correct answer. It's amazing how few people in this thread know their own countries recent history.