First Amendment to the United States Constitution
The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, ensuring that there is no prohibition on the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble, or prohibiting the petitioning for a governmental redress of grievances.
The Supreme Court has determined that the First Amendment also protects citizens from being compelled to say or pay for certain speech. For example, in West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that school children could not be punished for refusing either to say the pledge of allegiance or salute the American flag.
West Virginia State Board of Education v. Barnette
West Virginia State Board of Education v. Barnette, 319 U.S. 624, is a decision by the Supreme Court of the United States holding that the Free Speech Clause of the First Amendment to the United States Constitution protected students from being forced to salute the American flag and say the Pledge of Allegiance in school. The Court's 6–3 decision, delivered by Justice Robert H. Jackson, is remembered for its forceful defense of free speech and constitutional rights generally as being placed "beyond the reach of majorities and officials."
Klamath Falls, OR—Trump demanding that anyone not standing or kneeling during the national anthem needs to be fired. It is not only unconstitutional, it is authoritarian in practice coming from a person that avoided the draft five times during the Viet Nam War and anyone supporting these actions by Trump and his comments are not true Americans.
Trump may feel he has this right, along with others who agree with him, but as President of the United States of America, he does not. As a private citizen he may feel he has that right to his opinion, but as President to all Americans, he does not. Trump is suppose to be representing the United States of America, not his own personal interest or opinions.
The oath of office comes directly from Article II, Section 1 of the Constitution. This is the full text, according to the National Museum of American History: —
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
Article II, Section 1, Clause 8
Trump Wants Football Players to Conform or be Fired.
This is literally the government wanting people to be fired for free speech. Which is literally censorship. (Even though employers have that right to fire employees who are termed "at will" employees by private employers, but it does not give Trump the right to demand that they do it.) This is the president saying people should be fired for exercising their first amendment rights. This goes against the constitution. And it is high time Trump and those that support his actions re-read the US Constitution before we end up being ruled by a King, instead of a president for all the people, not the ones Trump chooses to support, while looking the other way when it comes to supporting others.
Update: When you see someone post about the US Flag code (1931) “36 U.S. Code § 301 - National anthem” as being a Federal law, understand it was ruled as unconstitutional multiple times by the U.S. Supreme Court beginning well over a half century ago.
The United States Flag Code establishes advisory rules for display and care of the national flag of the United States of America. Prior to Flag Day, June 14, 1923, neither the federal government nor the states had official guidelines governing the display of the United States' flag. On that date, the National Flag Code was constructed by representatives of over 68 organizations, under the auspices of the National Americanism Commission of the American Legion. The code drafted by that conference was printed by the national organization of the American Legion and given nationwide distribution. On June 22, 1942, the Code became Public Law 77-623; chapter 435.[25] The U.S. Supreme Court in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943) ruled such laws were a violation of the First Amendment of the U.S. constitution. This ruling and others applies to not just the flag, but to the National Anthem and Pledge of Allegiance as well.
More recently the prohibition was even expanded when the U.S. Supreme Court ruled in United States v. Eichman that prohibiting burning of the U.S. flag conflicts with the First Amendment right to freedom of speech and is therefore unconstitutional.
By James Garland of Tulelake News
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