The dissenters in the 1989 and follow-on 1990 cases were Rehnqhist, White, Stevens, O'Connor. -Roberts replaced Rehnquist -Barrett replaced RBG replaced White -Kagan replaced Stevens -Alito replaced O'Connor. Among them, only Alito could conceivably vote to uphold a flag burning ban.
Thomas's replacing Marshall is the only conceivable flip from the five justices who voted to strike down the bans. So I'd say this SCOTUS would be 7-2 to strike down any new ban.
So pretty much Trump hopes this SCOTUS will say Texas v Johnson doesn’t apply when foreign nationals burn the flag to scare Americans www.whitehouse.gov/presidential...
This is the First Amendment version of his “invasion” theory of immigration to suspend due process.
Trump and his terrified band of scairdy fascists are trying to get a court to say foreign nationals have fewer First Amendment rights than we Americans who, in Trump’s mind, are too fearful to fully exercise our own.
Trump thinks Americans are frightened snowflakes because that’s what he and his terrified band of scairdy fascists are.
It's always projection with these people.
Well that didn’t take very long
Did you see any foreign national or figurative fighting words?
We should do a mass flag burning. Hundred’s of thousand of people descending on the Washington Monument