The Facebook "Share this!" Hall of Shame

[Joe Public]

I hate the idea of a flag-burning amendment. I've actually burned a couple of flags (part of a scout ceremony retiring the colors) which Trump and other amendment-supporters would support. Yet if a protestor burned a flag while standing next to me while I burn mine, he/she would go to prison while I'm praised? So instead of actions, we're going to punish thoughts?

I'm sleepy, mind you, but I am trying to square the above with this:

I can shoot someone in the face on Fifth Avenue and depending on context and mens rea, I might get life in prison, a suspended sentence, a medal, confinement to an insane asylum or, I suppose, the Presidency. Not only is the mental state a critical factor, it's sometimes even more significant than the act itself.

http://www.cougarstadium.com/showthr...=1#post1299238

[PaloAltoCougar]

I'm sleepy, mind you, but I am trying to square the above with this: ...

Nice catch. I'm sleepy now, too, so I'm not sure I can provide a good response. Rather that try now, I'll sleep on it and either take a shot at it tomorrow, or simply rescind my original post. Either way, I'll be right.

[Commando]

I'd say when the act is a harmless act of free speech and there is still no 'mens rea.' ... it doesn't warrant a punishment-- let alone loss of citizenship or a year in prison. Remember in the 90s when Marilyn Manson or whomever burned a bible on stage or ripped up the book of mormon? I do. Do I think it was offensive? Yes. Do I think he ought to do time in prison? Hell no- are you crazy? This is America where you can say things as long as it doesn't hurt anybody.

[imanihonjin]

Who cares what the intent for someone to burn the flag is. Even if they do it because they hate America and think that all soldiers are hired murderers. Does their intent suck? Yes, but they should be allowed to have those thoughts and should be able to peaceably share those....on the flip side, others should be able to peaceably tell them how stupid they are as well.

Intent for criminal purposes should only matter when you are infringing on the rights of other individuals.

[Katy Lied]

But it matters where you do it, correct? If you tear up a BoM in the workplace in front of the desk of a mormon coworker, would that still be free speech?

[Northwestcoug]

But it matters where you do it, correct? If you tear up a BoM in the workplace in front of the desk of a mormon coworker, would that still be free speech?

That would fall under harassment, no? Certainly workplaces should have well-defined conduct policies that would forbid harassment and punish accordingly. That shouldn't be a constitutional free speech question.

[Commando]

But it matters where you do it, correct? If you tear up a BoM in the workplace in front of the desk of a mormon coworker, would that still be free speech?

Yes, unless you wade into tort territory... intentional infliction of emotional distress, etc.. or criminal territory-- harassment, assault, etc.

[Art Vandelay]

But it matters where you do it, correct? If you tear up a BoM in the workplace in front of the desk of a mormon coworker, would that still be free speech?

This would be my reaction. Though not quite as impressive as a phonebook tear, the church doesn't go cheap on spine quality.

[byu71]

I think if you are undocumented or here on a visa and get caught burning the flag, you should be deported immediately.

We have enough citizens who want to crap on our symbols without importing folks who want to crap on the countries symbols.

[imanihonjin]

But it matters where you do it, correct? If you tear up a BoM in the workplace in front of the desk of a mormon coworker, would that still be free speech?

In a public space this should be allowed. However, you positioned the story in a private place of employment where the employer has a strong interest to make the work place a safe environment for all and the employer's employee policies would likely prohibit this type of inflammatory behavior. The employer's rights to dictate what happens on its property is what needs to be protected and should be protected for property owners.

[old_gregg]

I think if you are undocumented or here on a visa and get caught burning the flag, you should be deported immediately.

We have enough citizens who want to crap on our symbols without importing folks who want to crap on the countries symbols.

this makes sense

[Commando]

this makes sense

[Commando]

I think if you are undocumented or here on a visa and get caught burning the flag, you should be deported immediately.

We have enough citizens who want to crap on our symbols without importing folks who want to crap on the countries symbols.

All these A holes enjoying First Amendment rights!! NOO!!

[Katy Lied]

. The employer's rights to dictate what happens on its property is what needs to be protected and should be protected for property owners.

See, this is why we cannot carry here in our Utah office anymore.

[Jeff Lebowski]

I think if you are undocumented or here on a visa and get caught burning the flag, you should be deported immediately.

We have enough citizens who want to crap on our symbols without importing folks who want to crap on the countries symbols.

Taking an extremely unlikely scenario and using it to promote xenophobia. Perfect example of how to be a Trump toadie.