Is burning a flag is protected as a form of speech


Question 1) Peter is studying at a very prestigious university. As a protest, he burned the flag of the United States in one of the streets close to campus. The police caught him, and afterward, he was arrested. Is burning a flag is protected as a form of speech under the First Amendment? Explain your reasoning.

Question 2) Chris, who is a member of the KKK, went to a protest and burned a cross on a highway. There is a law in Virginia that bans burning a cross on the property of another, a highway, or other public places with the intent of intimidating any person or group. He was charged with violating the law of Virginia. Could this burning be considered hate speech? Explain your position and explain in depth.

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