Why is burning the gay flag illegal

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The court interpreted the First Amendment to apply to symbolic expressions such as burning flags, burning crosses, wearing armbands, and the like. Basically, it stated that 'speech' covers areas beyond talking and writing. The Supreme Court has tried to define 'free speech' in several of its opinions.

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Congress has repeatedly attempted to outlaw flag burning through legislation and constitutional amendments, but none of these attempts have succeeded. Supreme Court has held that the government cannot prohibit citizens from desecrating the American flag. Have Questions on Flag Burning? Speak to an Attorney.

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