§ 42.11. DESTRUCTION OF FLAG. (a) A person commits an
offense if the person intentionally or knowingly damages, defaces,
mutilates, or burns the flag of the United States or the State of
Texas.
(b) In this section, "flag" means an emblem, banner, or
other standard or a copy of an emblem, standard, or banner that is
an official or commonly recognized depiction of the flag of the
United States or of this state and is capable of being flown from a
staff of any character or size. The term does not include a
representation of a flag on a written or printed document, a
periodical, stationery, a painting or photograph, or an article of
clothing or jewelry.
(c) It is an exception to the application of this section
that the act that would otherwise constitute an offense is done in
conformity with statutes of the United States or of this state
relating to the proper disposal of damaged flags.
(d) An offense under this section is a Class A misdemeanor.
Everybody else has resisted comment , fortunately , I've never had that problem .
Here's my view:
Burn a flag in my presence and you'd better be retiring it with ultimate respect . If I were to witness a desecration of the flag I would surely be needing a lawyer . I refuse to apologize for feeling that way , so don't ask me too . Not surprisingly , I'm a veteran .
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Kevin Haendiges
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http://hunting-indiana.com
Why is there somuch leeway given to flag burners? Strong words have been tossed about so much that many folks don't know they mean anymore. Traitor & treason are crimes andare punishible offenses.
Thelaws against descrating the flag have been weakened, and some courts are afraid to use them to their full effect. this issues reminds me of the case of John Walker Lindh. This was the "unreality" of the situation.
The crime of treason requires proof of both an intent to betray the United States and an act of levying war against the United States or giving aid and comfort to the enemy. The US Constitution mandates that the act be proved by the testimony of two witnesses or a confession in open court.
Walker,was found in the company of the Taliban. According to some legal minds, apparently that alone is circumstantial evidence, and not sufficient basis for proving a treasonous act.
Protecting flag buring as a from of expression. Protecting someone who aid & abetted armed enemies of the US. What's next? Defending an attempted act of terrorismbecause it was a form of politcal expression? Man, if it ever comes to that, you'll know we dropped the ball!
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Days Full Of Clays...
NWTF, DU, SCI
The act of flag burning has been around for a very long time. It is not now, nor has it been "illegal".
The idea of burning a flag is meant to either portray dissent, or to generate anger. In either case it is usually effective.
Quote:
Why is there somuch leeway given to flag burners? Strong words have been tossed about so much that many folks don't know they mean anymore. Traitor & treason are crimes andare punishible offenses.
Contrary to popular belief, burning a flag does not constitute traitor or treason. A fellow must do considerably more than burn a flag to qualify for either one of those charges.
In my opinion, folks that would burn an American flag out of hatred deserve their own place in purgatory...But the fact is, burning a flag isprotected under our constitutional bill of rights...And it is what it is.
Regardless of what you might think...Burning a flag is one of our rights to "protest" freely and "free" speech.
One of the benifits of having a free republic society is that even idiots have freedoms, even though they are to stupid to realize the actions that it took to afford them those freedoms.
My question is, why does North Texan choose now to post this particular section of law, especially with no further comment from him. There has been no spate of flag burnings lately and with the exception of the display, in a public building, of theso calledart depicting the U.S. painted as a flag going down the toilet, there has been nothing evenremotely flag related in the news.
North Texan has been associating with fartoo many left leaning "Progressives" over the past several years in his quest for gainful future employment as an attorney. I wonder if this has anything to do with the post. Flag burners have become a defacto protected species with the ACLU and others going to bat for them in the courts and having the act described as free speach protected under the first ammendment, they do it to tweak the noses of those of us that are more conservative and to whom the flag is a symbol of everything in which we strongly believe. I believe that many of them do it solely because they can and enjoy watching the rest of us squirm when they do so knowing we are powerless (in a legal sense) from stopping them. Flag burning to me has become an incendiary device aimed at causing civil unrest and an act of inciting to riot, in itself a crime. I wonder what the courts would say if a group of conservative type folks gathered on the steps of the supreme court and burned a black judicial robe in protest, then claimed immunity under the first ammendment.
I was doing some research and came across this statute. I was not aware of its existence, and just thought I would post it to see what everyone else thought.
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You may beat the rap, but you won't beat the ride!
ORIGINAL: Coastie
North Texan has been associating with fartoo many left leaning "Progressives" over the past several years in his quest for gainful future employment as an attorney. I wonder if this has anything to do with the post. .
jeez, back off. last i checked, this was a forum for political discussion. i don't think questioning NT's motives accomplish anything. i also don't think he qualifies as a liberal under any definition of the term.
the flag is also a symbol of everything i strongly believe, Coastie. conservatives don't have a monopoly on it. one of the beautiful things about this republic is that people can't censor political speach...even an act as angering as flag burning. i'm a vet too, and that total protection of political speech was one of the things i served in order to protect.
incidently, the burning the judicial robe thing is a great idea. under the current state of the law, it would be protected speech. give it a go.
Burn a flag in my presence and you'd better be retiring it with ultimate respect . If I were to witness a desecration of the flag I would surely be needing a lawyer . I refuse to apologize for feeling that way , so don't ask me too . Not surprisingly , I'm a veteran .
The irony here is you are threatening to revoke from an individual the very freedoms and liberties you foughtto upholdin the first place. By striping any American of those rights one may say you would then be even worse than a flag burner.
Flag Burning
