In Depth with Dan: Answering viewer questions about Trump's executive order banning flag burning
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>> OKAY. ALL RIGHT. IT'S TIME
TO GET SOME FEEDBACK THAT YOU
SEND IT TO THE IN-DEPTH MAILBAG
OVER THE PAST WEEK AND WANT TO
FOCUS ON ONE TOPIC. THEY GOT
A TON OF RESPONSE. LOT OF YOU
SENDING SOME MESSAGES ABOUT
PRESIDENT TRUMP'S EXECUTIVE
ORDER ON BURNING THE AMERICAN
FLAG. TRAVIS SAID I FIND IT
INTERESTING HOW PEOPLE CONSIDER
FLAG BURNING AS AN ACT OF
FREEDOM OF SPEECH. I THINK IT'S
MORE OF THEM EXPRESSING
FEELINGS THAT THEY CAN'T
REASONABLY ARTICULATE. YOU
MIGHT BE RIGHT THERE. TRAVIS,
BUT THAT COUNTS AS SPEECH.
IT'S NOT JUST THE SPOKEN WORD
KNEELING DURING THE ANTHEM.
THAT'S CONSIDERED SPEECH.
WHEN YOU GIVE MONEY TO A
CANDIDATE THAT IS PROTECTED
SPEECH MUSIC ART THEATER
MARCHING AND HOLDING SIGNS WITH
WORDS ON IT. THAT SPEECH TOO,
EVEN SOMETIMES NOT SPEAKING
IS CONSIDERED SPEECH AND IS
PROTECTED LIKE STUDENTS
REFUSING TO RECITE, FOR
INSTANCE, THE THE PLEDGE OF
ALLEGIANCE, THE COURTS HAVE
DECIDED ON THESE ISSUES.
MANY, MANY TIMES. DANNY SAID
THERE'S SOMETHING WRONG,
THOUGH, WHEN I CAN'T BURN THE
LEAVES IN MY YARD THAT I CAN
BURN MY FLAG THAT I SERVED MY
COUNTRY TO PROTECT AND I CAN
UNDERSTAND THIS POINT,
ESPECIALLY FROM SOMEONE WHO
SERVED IN THIS COUNTRY. BUT
HE'S KIND OF CONFLATING 2
SITUATIONS. THERE YOU SEE
BURNING LEAVES ISN'T ILLEGAL,
BUT IT CAN BE LEGAL IN CERTAIN
NEIGHBORHOODS OR IF THERE'S
SOMETHING LIKE A BURN BAN IN
EFFECT, THINGS LIKE THAT IN
THAT CASE, IT WOULD BE ILLEGAL
TO BURN ANYTHING LEAVES FLAGS
OR ANYTHING ELSE. YOU COULD TRY
TO ARGUE FREE SPEECH THERE.
BUT THE COOL THE COURTS HAVE
RULED ON THIS ALREADY. WARD
VERSUS ROCK AGAINST RACISM.
BACK IN 1989 WHEN THE NEW YORK
CITY AREA WANTED PERFORMERS IN
CENTRAL PARK TO KEEP THE VOLUME
DOWN. THE BAND'S, THOUGH,
ARGUED IT WAS THEIR FREEDOM OF
SPEECH TO PLAY AS LOUD AS THEY
WANT. BUT THE COURTS RULED THAT
THE GOVERNMENT CAN REGULATE
TIME PLACE AND MANNER OF SPEECH
AS LONG AS THEY LEAVE AMPLE
ALTERNATIVE CHANNELS FOR
EXPRESSION. A LITTLE BIT.
THEY'RE OF COURSE, YES, BUT
THIS IS WHY YOU CAN'T PLAY LOUD
MUSIC AFTER 10:00PM IN SOME
NEIGHBORHOODS WHY YOU STILL
NEED A PERMIT. IF YOU WANT A
LARGE RALLY OR A PARADE AND WHY
CITIES CAN HAVE THINGS LIKE
BURN BANS FOR LEADS IN PLACE.
FREE SPEECH IS ONE THING
STARTING A WILDFIRE IS ANOTHER,
BUT I SHOULD SAY IN THE PLACES
WHERE YOU CAN LEGALLY BURN.
YOU CAN LEGALLY BURN A FLAG OR
ANY OTHER SYMBOL. THAT BRINGS
ME TO CHRISTINE'S EMAIL.
SHE SAID I HAVE NO TOLERANCE
FOR BURNING A FLAG ANYWHERE.
I WAS BORN IN ARGENTINA.
I CAME TO THE U.S. AS AN ADULT
AFTER 5 YEARS YOU APPLY FOR
CITIZENSHIP AND OBTAINED IT
VERY QUICKLY. IF I SEE SOMEONE
BURNING THE U.S. FLAG, I'LL
PROBABLY HIT THAT PERSON.
I WOULD FEEL THE SAME WAY IF
SOMEONE BURNS A FLAG FROM
ANOTHER COUNTRY. NOW, CHRISTINE
IS CLEARLY A PASSIONATE
IMMIGRANT AND THE SYMBOLS.
I MEAN, A LOT TO HER AND HER
EMAIL SPEAKS DIRECTLY TO THE
PRESIDENT'S ORDER. HIS ORDER
SAYS MY ADMINISTRATION WILL
PROSECUTE THOSE WHO INCITE
VIOLENCE OR OTHERWISE VIOLATE
OUR LAWS WILL DESECRATE ING
THIS SYMBOL OF OUR COUNTRY.
THE ORDER TRIES TO STITES
SIDESTEP THE FIRST AMENDMENT IN
THIS WAY, MEETING IN THEORY IF
BURNING A FLAG SPARKS A RIOT
OR CREATES AN IMMEDIATE THREAT
OR VIOLENCE, PROSECUTORS COULD
THEN CHARGE SOMEONE NOT FOR
BURNING THE FLAG ITSELF, BUT
FOR THE VIOLENCE THAT INSIGHTS.
AND AS CHRISTINE SAID, IF SHE
SAW SOMEONE BURNING THE FLAG,
IT WOULD INCITE HER TO
VIOLENCE. SO IT SEEMS LIKE IT
KIND OF MAKES SENSE IN THAT
WAY. BUT IT'S MORE COMPLICATED
THAN THAT. LOOK AT WHAT
HAPPENED TO CHARLIE KIRK.
HE WAS SHOT AND KILLED WHILE
SPEAKING AT AN EVENT IN UTAH.
AUTHORITIES SAY A 22 YEAR-OLD
SUSPECT DISLIKED HIS VIEWS AND
KILLED HIM. 4TH. HE WAS INCITED
APPARENTLY BY KIRK'S OPINIONS.
AND WE DON'T RESPOND TO THAT
HORROR BY OUTLAWING KIRK
SPEECH. HE IS THE VICTIM.
WE PROTECT SPEECH AND THEN WE
PUNISH THE VIOLENCE. THAT'S WHY
INCITEMENT IS SUCH A A NARROW
LANE IN THE LAW. IF SOMEONE
CHOOSES VIOLENCE BECAUSE
THEY'RE OFFENDED. THE ANSWER
ISN'T TO BAN THE SPEECH, THE
FENDED THEM IT'S TO HOLD THE
VIOLENT PERSON ACCOUNTABLE.
KRISTINE ALSO SAID I WOULD FEEL
THE SAME WAY IF SOMEONE BURNS A
FLAG FROM ANOTHER COUNTRY.
AND THIS JUST ADDS ANOTHER
WRINKLE TO THE DISCUSSION
BECAUSE YOU ASK YOURSELF WHERE
DOES IT END? WHAT ABOUT BURNING
PRIDE, FLAGS OR MAGA HATS OR
BLM FLAGS OR FLAGS FOR FALLEN
OFFICERS. WHAT ABOUT RELIGIOUS
SYMBOLS? THOSE ALL INCITE
VIOLENCE IN SOME PEOPLE.
IF THE RULE IS TO OUTLAW
WHATEVER FENCE PEOPLE, WHERE
DOES THAT STOP? THAT'S WHERE
SYSTEM PROTECTS ALL SPEECH.
EVEN THE OFFENSIVE KIND BECAUSE
THE MOMENT YOU START CARVING
OUT EXCEPTIONS IT'S HARD TO
AGREE ON WHERE TO STOP. NOW.
I UNDERSTAND SO MANY OF YOU
FEEL DIFFERENTLY ABOUT THE
AMERICAN FLAG UNDERSTAND WHAT
IT STANDS FOR AND WHY IT FEELS
DIFFERENT THAN SOME OF THOSE
OTHER EXAMPLES OF ALSO LAID
OUT, THOUGH, THE COURT'S
ARGUMENTS TO WHY IT'S PROTECTED
SPEECH. YOU CAN FIND ALL THAT
COVERAGE ON OUR WEBSITE.
IF YOU HAVE MORE PLEASE LET ME