Does the first amendment allow someone to display an ISIS flag?

suplex3000

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Nov 25, 2014
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What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?
 
Well if they do the Pope says you can go punch him or more cause they should have expected it.
 
Yes and yes but not for flying the flag per se but rather the probable cause evidence of being an unregistrered foreign agent, supporting terrorism and similar charges that is provided by flying the flag.
 
What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?
Why would they be 'arrested,' what would be the charge.

Any measure with the intent to prohibit the displaying of the 'ISIS flag' would clearly be un-Constitutional.
 
What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?
Probably the same as allowing them to fly a nazi flag or a confederate flag.....just shows how stupid they are.
 
If you value the U.S. Constitution then you must accept their flying the ISIS flag. You may hate it; you may express your feelings but you cannot morally trespass on their property to remove it; you may not physically abuse them. Hell, in some states where the Constitution is viewed as a quaint relic, you may not even be allowed to scold them.
 
What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

Flags of nations are probably one thing, whereas flags for terrorist groups are likely another. Could be construed in law as supporting a terrorist group or something along those lines.
 
What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

Yes, that is protected speech.
 
What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

Yes, that is protected speech.

Many links would seem to agree. However,

"02.23.15
Justice Department: We’ll Go After ISIS’s Twitter Army
Not all speech is free—if it’s in support of ISIS. Helping the terror group spread the word online is a violation of anti-terror laws, a top Justice Department official says.

Help spread ISIS propaganda on Twitter or Facebook, and you could go to jail. That’s the message the Justice Department sent Monday, as a top official said he is willing to indict people who assist ISIS with its use and production of social media. The announcement raises questions about where the government would draw the line between support for a terrorist group and legally protected free speech."
Justice Department We ll Go After ISIS s Twitter Army - The Daily Beast

Is what I would think. Displaying a terror group's flag or otherwise promoting their propaganda may not be protected like a country's flag would be. We'll have to wait and see what the Courts decide.
 
What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?
Yes, they are protected and have a First Amendment right to flay any flag they wish.

It is the American flag that is prohibited....Didn't you know?
 
What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

Yes, that is protected speech.

Many links would seem to agree. However,

"02.23.15
Justice Department: We’ll Go After ISIS’s Twitter Army
Not all speech is free—if it’s in support of ISIS. Helping the terror group spread the word online is a violation of anti-terror laws, a top Justice Department official says.

Help spread ISIS propaganda on Twitter or Facebook, and you could go to jail. That’s the message the Justice Department sent Monday, as a top official said he is willing to indict people who assist ISIS with its use and production of social media. The announcement raises questions about where the government would draw the line between support for a terrorist group and legally protected free speech."
Justice Department We ll Go After ISIS s Twitter Army - The Daily Beast

Is what I would think. Displaying a terror group's flag or otherwise promoting their propaganda may not be protected like a country's flag would be. We'll have to wait and see what the Courts decide.

Everything must ultimately decided by the courts. However, they have always differentiated between words and actions. Just because the government wants to use and argument does not mean that argument will hold up. It didn't hold up in Skokie, and I doubt it would hold up in this situation.
 
What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

Yes, that is protected speech.

Many links would seem to agree. However,

"02.23.15
Justice Department: We’ll Go After ISIS’s Twitter Army
Not all speech is free—if it’s in support of ISIS. Helping the terror group spread the word online is a violation of anti-terror laws, a top Justice Department official says.

Help spread ISIS propaganda on Twitter or Facebook, and you could go to jail. That’s the message the Justice Department sent Monday, as a top official said he is willing to indict people who assist ISIS with its use and production of social media. The announcement raises questions about where the government would draw the line between support for a terrorist group and legally protected free speech."
Justice Department We ll Go After ISIS s Twitter Army - The Daily Beast

Is what I would think. Displaying a terror group's flag or otherwise promoting their propaganda may not be protected like a country's flag would be. We'll have to wait and see what the Courts decide.

Everything must ultimately decided by the courts. However, they have always differentiated between words and actions. Just because the government wants to use and argument does not mean that argument will hold up. It didn't hold up in Skokie, and I doubt it would hold up in this situation.

Flying a flag is an action. If the Justice Department's gonna go after online supporters of ISIS supporting them in print, then certainly flying their flag is gonna get lumped in with some kind of arguement about supporting terror groups or distributing their propaganda.
 
What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?

Yes, that is protected speech.

Many links would seem to agree. However,

"02.23.15
Justice Department: We’ll Go After ISIS’s Twitter Army
Not all speech is free—if it’s in support of ISIS. Helping the terror group spread the word online is a violation of anti-terror laws, a top Justice Department official says.

Help spread ISIS propaganda on Twitter or Facebook, and you could go to jail. That’s the message the Justice Department sent Monday, as a top official said he is willing to indict people who assist ISIS with its use and production of social media. The announcement raises questions about where the government would draw the line between support for a terrorist group and legally protected free speech."
Justice Department We ll Go After ISIS s Twitter Army - The Daily Beast

Is what I would think. Displaying a terror group's flag or otherwise promoting their propaganda may not be protected like a country's flag would be. We'll have to wait and see what the Courts decide.

Everything must ultimately decided by the courts. However, they have always differentiated between words and actions. Just because the government wants to use and argument does not mean that argument will hold up. It didn't hold up in Skokie, and I doubt it would hold up in this situation.

Flying a flag is an action. If the Justice Department's gonna go after online supporters of ISIS supporting them in print, then certainly flying their flag is gonna get lumped in with some kind of arguement about supporting terror groups or distributing their propaganda.

Flying a flag is speech. Sending munitions is action. Freedom of speech means nothing if it only includes popular speech.
 
What if you watch your neighbors fly Islamic State flags on their homes, apartment windows or display them on their cars, aren't they protected by their US Constitutional First amendment to freedom of speech?

Could they be arrested even though they have their rights?
Yes, they are protected and have a First Amendment right to flay any flag they wish.

It is the American flag that is prohibited....Didn't you know?
Well, the American flag and the Stars and Bars.
 

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