Flag burning is protected by the constitution, but creating a serious disturbance is not.

The news media grossly simplifies the supreme court opinion on flag burning while chastising trump for his tweeted opinion. An ordinary student of history, and Trump,  understands that the constitution, or at least its interpretation, is adaptable. Occasionally, the interpretations move in the wrong direction, at least for me. 

When I was in grade school, we faced the flag with our hand over our heart and recited the pledge of allegiance or listened to the national anthem. When I was in army ROTC in college, we stood at attention. Flag burning would have caused a genuine disturbance.

Of course, I understand that the supreme court, 9 human beings, have ruled that flag burning is protected by the constitution. It is free speech. The supreme court opined that flag burning (Texas v. Johnson No. 88-155) was a form of political expression - expressive conduct. Further, flag burning, in the Texas case, did not result, or likely would not result, in a serious disturbance. According to the case documents, several witnesses were offended by the action, but no one was seriously injured or threatened, hence no disturbance. Now there is a loop hole if I ever saw it.

The court offered a fascinating sidebar to their opinion. Texas could have held that the flag burners were "breaching the peace,"which is a Texas stature to prevent disturbances. In other words, the court could not punish a person for flag burning, but could punish the flag burner - if the flag burning would likely cause a serious disturbance.

I am beginning to feel mentally ill - seriously disturbed if you will - over the passive attitude by most people about flag burning. I do not agree with the moral highroad preached my some commentators that claim it is the spirit of a free America that allows flag burning as "expressive conduct."  In the America I know, it would unapologetically be called "expressive misconduct."

I suggest the flag burners write a letter to their congress person, or tweet to their followers and express their displeasure in writing rather than fire.