Rick Hagen presents thoughts and legal analysis regarding the First Amendment and how it applies to flag burning. The U.S. Supreme Court held there is a First Amendment right to symbolic speech, such as flag burning, but it is subject to reasonable restrictions, just like other constitutional rights. That said, there are ongoing legislative attempts at limiting flag burning.
Flag burning and desecration rights, regulations and restrictions with Rick Hagen
- Can a state or federal law prohibit burning the U.S. flag without violating the First Amendment?
- SCOTUS decisions in ’89 and ’90 invalidating prohibition of flag desecration laws.
- As symbolic speech, flag burning is protected by First Amendment, subject to restrictions.
- Proposed flag desecration amendments would need to complement symbolic speech rights.
- Additional thoughts on the First Amendment, its conferred rights and reasonable restrictions.
Board certified in Criminal Law, Rick Hagen, joined the Jackson and Hagen law firm in 1993, after first working as a briefing attorney on the Texas Court of Criminal Appeals and then serving two years as a felony prosecutor. Rick Hagen started with Jackson and Hagen as a law partner with Hal Jackson, the legendary lawyer, World War II hero and former State Representative from Denton. For over 25 years, Rick Hagen has defended the Constitution and individuals. He is well known for his defense of a former Denton County Republican Volunteer of the year, who was held in contempt of court and jailed for asserting her Constitutional right to privacy in a criminal case. When the contempt finding was set aside, Rick Hagen made legal precedent that still stands today. Rick is an alumni of Austin College and the University of Oklahoma School of Law.
Tags: First Amendment speech restrictions, flag burning, flag desecration, is it illegal to burn the US flag?, Jackson and Hagen, provoking speech, Rick Hagen, symbolic speech