Posted on 06/27/2006 7:10:09 PM PDT by jimboster
The U.S. Senate is considering an amendment to the Constitution that would exclude the desecration of the flag from the First Amendment's free-speech protections, effectively overturning the Supreme Court's ruling in Texas v. Johnson (1989) that held burning the flag to be a form of "symbolic speech." Weighing in against the proposed amendment, in an op-ed for the Charlotte Observer, is Dr. Susan Roberts:
In 1989 the U.S. Supreme Court affirmed an appellate court decision that the man was within his First Amendment rights. Wasting no time, Congress passed the Flag Protection Act just months after the ruling. Wasting no time, the Supreme Court ruled that the Flag Protection Act was inconsistent with First Amendment freedoms and thus unconstitutional. It seems unlikely that the Supreme Court would now uphold an amendment prohibiting flag burning, even with the change in the court's composition.
It may seem unlikely that the Supreme Court would uphold a statute prohibiting flag burning (and indeed, in 1990's U.S. v. Eichman it overturned the federal Flag Protection Act of 1989). That's why Congress is considering a constitutional amendment, which the court couldn't overturn. It's embarrassing enough that Dr. Roberts's error got past the editors of the Observer, but it's even worse that she made such a goof in the first place. For she is not a real doctor but a professor of political science, at North Carolina's Davidson College, where she teaches such courses as The Legislative Process (POL 211) and The Politics of Feminism (POL 215). It is troubling indeed to think that the political scientists of tomorrow are being taught by people who lack basic knowledge about the workings of American government.
(Excerpt) Read more at opinionjournal.com ...
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suroberts@davidson.edu
that whole piece is so fantastic....it just shows how stupid and hypocritical the libtards in this nation are....
What a maroon!!
Such legal ignorance is commonplace in academia.
For instance, more than 150 of the top Ivy League law professors were just slapped down by a UNANIMOUS Supreme Court ruling against them regarding the right of Congress to cut off funds to universities that ban military recruiters.
Unanimous! From Justice Ginsberg on the Left to Justice Scalia on the Right, Harvard and Yale's top law professors were told that they didn't understand the law.
And that's pretty typical. The Left doesn't know and doesn't care about the law...except when they can abuse it for their own ends.
I just love the idea she probably has no idea yet what a buffoon she made of herself. I bet she went to bed tonight congratulating herself on her snide, nasty little column. Oh, will she be embarrassed tomorrow. I love stuff like this.
Open mouth, insert foot, *doctor*.
The priests and priestesses of your esteemed panel have no power to overturn such an amendment, but go ahead and tell the world that they do anyway.
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