Trump's renewed calls to jail American flag burners clashes with court precedent

President Donald Trump revived calls this week for people who burn American flags to go to jail after demonstrators in California were seen torching them and waving Mexican flags in protest of the administration carrying out immigration enforcement operations in the state. 

"I happen to think if you burn an American flag, because they were burning a lot of flags in Los Angeles, I think you go to jail for one year, just automatic," Trump told the New York Post.

Flag burning in the United States is neither unlawful nor unconstitutional. Offenders can only be punished under the law for flag burning if they are committing another crime at the same time, such as violating fire safety laws or burning flags that they stole.

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