On November 29, President Elect Donald Trump tweeted that people should lose citizenship or be jailed if they burn the American flag.
Supreme Court Justice Antonio Scalia, cited as being Trump’s favorite Justice, is against the Court decisions which protect flag burning, his stance being used by Trump to back up his argument for making flag burning illegal.
“If it were up to me,” Justice Scalia said in 2015, “I would put in jail every sandal-wearing, scruffy bearded weirdo who burns the American flag. But I am not king.”
There are currently no consequences for flag burning. The Supreme Court has deemed flag burning as a type of political expression on two separate occasions, according to NBC.
Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!— Donald J. Trump (@realDonaldTrump) November 29, 2016
“[Trump] has a great ability to find out what might really [ager] people, and he’s clearly got problems,” former congressman Barney Frank said Monday on MSNBC.
“Scalia wrote the opinion, he was very strongly on the other side of [flag burning], and [Trump] cited Scalia as his favorite justice,” Frank said. “I think there was a pronunciation problem there. You know, Scalia was actually the leading advocate of fag burning, not flag burning.”
“That’s not funny,” Chris Matthews said, laughing into the camera.
You can watch Frank’s statement here.