SAN ANTONIO – It’s the tweet that started it all. President-elect Donald Trump said, “Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!”
Why he said it isn’t clear. What is known is that the statement has sparked outrage among people across the country.
“The US American flag deserves to be burned!” shouted one person in a video on Twitter with the hashtag “FlagBurningChallenge.”
They’re doing it for many reasons. One is to represent America’s dark sides: slavery, oppression, and genocide. The other reason is to underscore the fact that burning the flag is protected by the First Amendment.
Enrique Macias is a war veteran from San Antonio. Among the many places he served overseas was Kirkuk, Iraq.
Macias said that he fought for freedom, including flag burning. Although it’s a symbol of pride for the war hero, he still can’t come to terms with why people do it.
“I’m so thankful for the opportunity to serve the American people,” he said of his service. “I wouldn’t want to see somebody thrown in jail for a right that we gave them, but it is saddening. It breaks my heart seeing that because we put that flag over our fallen soldiers.”
Attorney and UTSA lecturer Javier Oliva, who is an expert in Constitutional law, says Trump’s tweet doesn’t necessarily put freedoms under the First Amendment at risk.
He said it’s another example of how in touch Trump is with his base.
“Trump has been masterful at tapping the passion of people’s feelings,” he said.
Both the U.S. Supreme Court and courts in Texas have upheld the act of flag burning as a form of free speech under the First Amendment.
“The Constitution is a reflection of a democracy’s values,” he said. “But those values, and the great thing about our country’s Constitution, is that it’s focused on the rights of the individual.”
That’s why the backlash against Trump’s tweet has been so expressive.
Colin Kapernick
Recently, San Francisco 49ers quarterback Colin Kaepernick exercised his right under the First Amendment to protest inequalities of African-Americans and other minorities.
The sports star refused to stand during the national anthem at his games, which spurred criticism far and wide.
Oliva said that anyone has the right to express themselves, whether it’s on the football field or not.
“He used his position to make a statement,” Olive said. “It doesn’t seem to have affected his ability to play the sport.”
Some argue that Kaepernick’s actions were inappropriate given that he works for the National Football League and should respect the organization and its patriotic standards.
Oliva said businesses hope their employees follow traditional protocol. Kaepernick broke a cultural norm that created a lot of attention.
“There’s no doubt he has every right to do it,” Oliva said. “There’s people who go to the concession stands during the anthem. What we’re seeing in society is rituals slowly going away.”
Napkins, shirts and memorabilia
While Trump called attention to flag burning, there are millions of people who use the flag in many other ways. Some wear the symbol of the flag on their shirts. There are people who use napkins with the flag printed on them. News anchors, politicians and others wear a flag pin on their lapel.
Are these uses disrespectful?
Oliva said it’s a social use of the stars and stripes, and what matters is intention.
“We can enjoy the stars and stripes in ways that we can express love of country,” he said. “Many people don’t find it disrespectful to use napkins because the intent isn’t malicious.”
If burning the flag were outlawed, Oliva believes it’d be a slippery slope.
“There’s a problem in banning any type of desecration of the flag. (It) expands the area of censorship of which our country is not prepared to accept,” he said.