I have always held that it should be considered a breach of peace.
Or if someone wanted to bring a bit of fisticuffs against the burner, they should be advised to demand a jury trial if arrested and prosecuted.
No one would be convicted..
I agree that burning the flag is speech - but what does that speech communicate?I think that Congress has the authority to define that. And the meaning I would propose is that publicly and demonstratively burning a US flag -and televising it - should be understood as a advertisement by the perpetrator of a desire to sell his US citizenship to a foreigner acceptable to the government. Congress should require anyone demonstratively burning the flag to either sell his citizenship and get out - or publicly recant.
Not so different from your proposal . . .
Or if someone wanted to bring a bit of fisticuffs against the burner, they should be advised to demand a jury trial if arrested and prosecuted.
No one would be convicted..
So freedom of speech quits being the protected right to express oneself and becomes beatings short of what Antifa, brown shirts, black panthers or whatever other thugs decide will be allowed.
A Free Republic, indeed.