close Video
NEW You can now listen to Fox News articles!
In the advertising world, there is an old adage that there are times when you take a pitch and "run it up the flagpole to see who salutes." That expression came to mind Wednesday when President Donald Trump signed an order to punish flag burning. The president may be hoping the Supreme Court might salute and reverse long-standing precedent declaring flag burning to be protected speech under the First Amendment. If so, he is likely to be disappointed. The proposed prosecutions would be unconstitutional and, absent an unlikely major reversal of prior precedent by the court, flag burning will remain a protected form of free speech.
The Supreme Court has repeatedly, and correctly, declared flag desecration to be protected spe