In the a variation of the example you gave, if a person burns someone else’s American flag to start a fire with it to protest something, they can be charged with arson, theft, and property discussion.
1A is only implicated if he’s charged with under a statute criminalizing burning an american ..:
1A is only implicated if he’s charged with under a statute criminalizing burning an american ..:
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It punishes the action and not any “speech” that may be behind the action in the exact same
way that arson in interstate commerce does.
And 2332a doesn’t have that problem just like arson in interstate commerce doesn’t.