To: Repeal 16-17
Keep in mind that both of those decisions were 5-4 and Scalia was in majority both times. Very interesting. Scalia was right both times.
17 posted on
11/29/2016 1:45:17 PM PST by
Alberta's Child
("Yo, bartender -- Jobu needs a refill!")
To: Alberta's Child
Very interesting. Scalia was right both times.
Because Scalia understood that a prohibition against the burning of the flag, as reprehensible as that act is, elevates a mere symbol of free speech (the flag) above that concept which it signifies, that is, the actual right of free speech.
At that point, the flag, which is merely a symbol of free speech, becomes more important than the actual concept of freedom of speech, creating a logical fallacy that Scalia would and could not countenance.
Which is more important: The freedom itself, or a mere symbol of it? Scalia knew the correct answer.
39 posted on
11/29/2016 2:44:21 PM PST by
Milton Miteybad
(I am Jim Thompson. {Really.})
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