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perihelions commented on New "Prosecuting Burning of the American Flag" EO Would Violate First Amendment   reason.com/volokh/2025/08... · Posted by u/pcaharrier
ethagknight · a day ago
I’m interested in better understanding why some actions constitute speech, but other actions don’t. Setting aside the politics of the moment, Reading the text of the amendment, it seems like a real stretch to go from the text to “burning a flag is infringement of first amendment, but libel can be prosecuted without infringing.

From the article, here is the justification: >> [anti flag burning policy] is a content-based, indeed viewpoint-based, enforcement policy.

perihelions · 21 hours ago
Most US states don't have criminal defamation laws ("...more than a dozen states still maintain criminal libel laws"[1]). They're infrequently used, except[0,1] an abusive tactic by police; most experts seem to think they're unconstitutional, but they haven't (yet) been invalidated on First Amendment grounds.

[0] https://www.aclu.org/press-releases/u-s-supreme-court-declin... ("U.S. Supreme Court Declines to Hear First Amendment Challenge to Criminal Defamation Law" (2023))

[1] https://www.thefire.org/cases/frese-v-formella ("Frese v. Formella")

> "Throwing someone in jail for badmouthing a public official is profoundly undemocratic and un-American."

> "But that didn’t stop police from arresting Robert Frese after he insulted them on Facebook. According to the Exeter Police Department in New Hampshire, Frese violated the state’s criminal libel law when he referred to an officer as a “coward” who was “covering up for a dirty cop.” New Hampshire’s law makes it a misdemeanor to say or write anything that you know is false that will expose someone to “public hatred, contempt or ridicule”..."

perihelions commented on New "Prosecuting Burning of the American Flag" EO Would Violate First Amendment   reason.com/volokh/2025/08... · Posted by u/pcaharrier
panny · a day ago
Five months for stealing a flag? There's another part of the constitution which says the punishment must fit the crime. We don't care about this part though, do we?

Edit: since I'm "posting too fast"

>has some value.

https://www.amazon.com/s?k=black+lives+matter+flag

It's a $20 flag, and we paid for his rent and meals for five months over it. He could have simply been court ordered to replace their flag, but instead we spent a mountain of tax money feeding and housing him. He won. And the 1A lost at the same time.

perihelions · a day ago
> "Five months for stealing a flag?"

Serial offender who was convicted of theft in 2004, at the age of 20; convicted again of felony theft in 2012, at the age of 28 (for which he was sentenced to 30 months in prison); and convicted against in 2022, at the age of 40, for his violent role in attacking the US Capitol (for which he was sentenced to 22 years, and pardoned).

https://en.wikipedia.org/wiki/Enrique_Tarrio

perihelions commented on Google will allow only apps from verified developers to be installed on Android   9to5google.com/2025/08/25... · Posted by u/kotaKat
fimdomeio · a day ago
You don't have to prevent root access. You just have to inform user of the risks, void warranties if you want but let users do whatever they want with the hardware that they own.
perihelions · a day ago
> "void warranties if you want "

Please don't push the Overton Window any further. Installing my own software on my own PC should never void the hardware vendor's warranty. That delegitimizes the core concept of a PC.

(A horrific possible dystopia just flashed through my mind: "I'd love to throw out Chrome and install Firefox so that I could block ads, but, the laptop is expensive, and I can't afford voiding the warranty". I bet Google would *love* that world. Or, a UK version: "I'd love to use a VPN, but, regulation banned them from the approved software markets, and anything else would permanently set the WARRANTY_VIOLATED flag in the TPM").

u/perihelions

KarmaCake day39340June 4, 2020
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