With its 5-4 decision in Texas v. Johnson in 1989, the U.S. Supreme Court ruled that burning the U.S. flag is constitutionally protected speech under the First Amendment. And the five-justice majority ranged from liberal Thurgood Marshall to Richard Nixon appointee Harry Blackman and Ronald Reagan appointees Antonin Scalia and Anthony Kennedy. But 2024 GOP presidential nominee Donald Trump is now proposing incarceration for anyone who desecrates the American flag. Calling into Fox News’ morning show “Fox and Friends,” Trump proposed, “I think you should get a one-year jail sentence if you do a…
