Everyone's Freaking Out About Trump Arguing Flag Burning Should Be 'Illegal,' But He's Not the Only One

| NOV 29, 2016 | 5:02 PM
Screen Shot 2016-11-29 at 10.03.34 AM

Mark Wilson, Chip Somodevilla/Staff/Getty Images

President-elect Trump is a self-proclaimed patriot, and he has a YUGE problem with people burning our country's flag.

On Twitter Tuesday, the billionaire businessman argued that flag burning should be illegal, even suggesting jail time or loss of U.S. citizenship as a result:

Like many other instances of seemingly “controversial” Trump tweets, the media and countless Americans were quick to criticize the future president.

Many cited the First Amendment, saying it was “unconstitutional” to take away people's freedom of speech:

But what those now criticizing Trump's position might not know is that former Secretary of State and Democratic nominee Hillary Clinton actually co-sponsored a bill that would “criminalize the burning of the American flag.”

According to a 2005 New York Times op-ed titled “Senator Clinton, in Pander Mode,” the writer calls the bill an “attempt” to find middle ground among her supporters, some of whom support burning the flag in the name of free speech and others who feel it's deeply disrespectful:

"Unfortunately, it looks to us more like a simple attempt to have it both ways.

Senator Clinton says she opposes a constitutional amendment to outlaw flag-burning. In 1989, the Supreme Court ruled that flag-burning was protected by the First Amendment. But her bill, which is sponsored by Senator Robert Bennett, Republican of Utah, is clearly intended to put the issue back before the current, more conservative, Supreme Court in hopes of getting a turnaround."

As the Washington Examiner reports, though her bill was ultimately unsuccessful, one of the flag-burning measures she supported received a fair amount of support from Democrats.

In the 1989 Supreme Court ruling to uphold the right of protesters to burn the American flag, conservative Justice Antonin Scalia was one of 5 justices who voted in favor of protesters.