In 1989, the Supreme Court ruled 5-4 that flag burning constituted free speech and was therefore protected under the First Amendment—a decision even the late Justice Antonin Scalia agreed with.
President-elect Donald Trump, however, has a different opinion. He tweeted the following proposal on Tuesday:
Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!
— Donald J. Trump (@realDonaldTrump) November 29, 2016
Trump’s tweet is another terrifying sign of how he may crack down on dissent during his administration, even if it means trampling the Constitution in the process.