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Joined 10 months ago
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Cake day: February 12th, 2025

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  • No. You cannot.

    The act explicitly was done in protest. As an act of first amendment protected speech, as flag burning was explicitly determined to be by the supreme court.

    The application of these laws is purely political. Used solely because the object burned was the flag. Intent is always included in prosecuting criminal acts. It is often the determining factor in whether laws even apply.

    Burning a flag a California forest is a false equivalency. And for the most part, yes, you could go out into the forest and burn a flag. It would be stupid and you would be liable for any damages you caused if it started a wildfire. You wouldn’t be prosecuted just for burning the flag.

    The entire premise on first amendment speech applying here is super important, because if you can make it criminal to do something related, like starting a fire at all, you have, in effect, made that act of free speech illegal. This is crucial. Fundamental.