I agree with that. The question is, how far do people condone it going? Vandalism? Assualt? Lynching?
Take the Jenna 6 situation. Was that an acceptable form of counter speech?
Free speech counters free speech. Vandalism is not free speech and I don't think it's protected as such under 1A
Let the owner try to prosecute him for vandalism and theft.... Somehow I doubt the coward will. And if he does, good luck finding a jury whos going to convict.
You might be right that he won't prosecute. However, if he did, I doubt this case would go to a jury.
Oh it would.. Any magistrate decision is instantly appealable, and when you are the defendent you get to decide if you want your trial to be a jury trial or a bench trial.
Jury Nullification is a valid part of the US justice system, and no sane jury would convict this guy for his actions. Flying the US flag under a foreign national flag is a signal of subjugation and agression.
I look at it this way: Assume that the dude cutting down the flag broke the law. Assume the guy flying the flag did not break the law. The shear politics of this is great. The Left pretty much dominates when it comes to protesting and civil disobedience. This is a great way for conservatives to do the same thing. It will force the illegal immigration issue back to the front page. We can highlight Mexicans doing the same things during their protests and highlight how this is not reported in the MSM. Lets have that conversation. I want politicians to be forced to answer questions on this subject. I want Democrats to stand up and say it is okay for people to fly the Mexican flag over the American flag. This is civil disobedience at its finest. The flag cutter may go to jail but he will likely be happy to considering the debate he started. If he does go to jail then it will then set a precedent for jailing Mexicans that do the same thing to the American flag. Right or wrong, this will work out in conservatives favor.