Donald Trump Says Should Be Consequences For Flag Burning

"In addition to ignoring the Supreme Court's clear teaching that flag burning is constitutionally protected speech, Mr. Trump's tweet also casually suggests that citizens should lose their citizenship as a "penalty" for such acts", explained Vladeck.

President-elect Donald Trump's recent tweet about flag burning has re-ignited a free speech debate. Trump tweeted on Tuesday.

White House spokesman Josh Earnest responded by saying that though he himself found the burning of the flag "offensive", "the freedom that we all have to express ourselves in the way that we choose" is protected under the US Constitution.

In 1989, the Supreme Court ruled flag burning as a form of free speech in the case of Texas vs. Johnson.

The president-elect is working to appoint members of his Cabinet and other officials before being inaugurated on January 20 in Washington.

The reasons for Trump's tweet, coming as it did amid heightened speculation about who he will pick for key cabinet posts including secretary of state, were hard to decipher. Moreover, a 1967 Supreme Court decision rejected the practice of stripping US citizenship as a form of criminal punishment.

Spicer said Trump is "going to look into" outlawing burning the American flag, "and we'll figure out the legislative strategy going forward". "People, to demonstrate, they think, we're really gonna stick it the United States".

Hundreds of veterans and others gathered Sunday to protest the decision by Hampshire College in Amherst, Mass., to remove the flag.

He sided with a 5-4 majority in a 1989 landmark case that protected the act under the First Amendment.

Trump spokesperson Jason Miller later told CNN the President-elect thought flag burning should be illegal. Scalia has stated he doesn't like flag burning and he would lock up flag burners if he were king.

Such a bill was worked on as early as 2005 and cosponsored by Hillary Clinton.

That's an especially curious position for Trump to take considering his oft-stated support for the U.S. Constitution (and his promise to appoint judges who will strictly interpret it).