1. Is flag desecration Free Speech or not?
Yes or No?
2. Is your OP about Free Speech?
Yes or No?
The answer is Yes in both case.
You wrote: "The OP also brought up flag desecration - which is Free Speech,..."
That was a lie, wasn't it.
QED...you are a liar.
If you don't believe that flag burning is Protected Free Speech, then you nothing of either.
"The
flag of the United States is sometimes symbolically burned, often in protest of the policies of the American government, both within the country and abroad. The
United States Supreme Court in
Texas v. Johnson, 491
U.S. 397 (1989), and reaffirmed in
U.S. v. Eichman, 496
U.S. 310 (1990), has ruled that due to the
First Amendment to the United States Constitution, it is unconstitutional for a government (whether federal, state, or municipality) to prohibit the desecration of a flag, due to its status as "
symbolic speech." However,
content-neutral restrictions may still be imposed to regulate the time, place, and manner of such expression.
In 1862, during the Union army's occupation of
New Orleans in the
American Civil War, the military governor,
Benjamin Franklin Butler, sentenced
William B. Mumford to death for removing an American flag. In 1864
John Greenleaf Whittier wrote the poem
Barbara Frietchie, which told of a (probably fictional) incident in which
Confederate soldiers were deterred from defacing an American flag. The poem contains the famous lines:
"Shoot, if you must, this old gray head,
But spare your country's flag," she said.
During the United States involvement in the
Vietnam War American flags were sometimes burned during war protest demonstrations.
[79]
After the
Johnson and
Eichman decisions, several flag burning amendments to the
Constitution were proposed. On June 22, 2005, a
Flag Desecration Amendment was passed by the
House with the needed two-thirds majority. On June 27, 2006, another attempt to pass a ban on flag burning was rejected by the
Senate in a close vote of 66 in favor, 34 opposed, one vote short of the two-thirds majority needed to send the amendment to be voted on by the states.[80]"
Flag desecration - Wikipedia the free encyclopedia