Man charged for burning Mexican flag-First amendment right only for some?

[Boost]

Here is an interesting bit of information...the first amendment only protects you if you burn the U.S. flag, but not any other nation's flag even if doing so in a politically motivated context.

http://www.foxnews.com/story/0,2933,301486,00.html


David Bohmfalk, 46, has been charged with burning without a permit after he torched a Mexican flag in front of the Alamo in San Antonio after the May 2006 immigration rallies, KENS-TV and MySA.com reported.


"In America, every day we see people burning the American flag and it's become desensitized," Bohmfalk's lawyer, Jason Jakob, said. "If we can allow that, we can certainly say that the Mexican flag can be burned."

Burning the U.S. flag is protected under the First Amendment.

[ryukyuboi]

First of all, Bohmfalk has been only charged with burning without a permit. The fact that he burned a flag may not be relevant to the actual charge.

Secondly, since there hasn't been a trial to date, Bohmfalk must be considered innocent until proven guilty. It also does not follow that the first amendment only protect you if you burn a US flag since a trial has not been held. The court has not made such a ruling.

The San Antonio police could save tax dollars by dropping this case, and should.

[Muku]

The article just says he was charged with burning without a permit.

I for one will just wait and see what happens, being charged and being convicted are two different things as you know.

[Tempestuous]

.....if you can charge a person for burning a Mexicanflag w/o a burn permit then why can the same not be charged of a person burning an American flag?

How can it be "freedom of speech" and okay if it is an American flag yet if you do it with a different symbol on it you get a ticket for not having a burn permit?

[Muku]

.....if you can charge a person for burning a Mexicanflag w/o a burn permit then why can the same not be charged of a person burning an American flag?

How can it be "freedom of speech" and okay if it is an American flag yet if you do it with a different symbol on it you get a ticket for not having a burn permit?

Oh and btw if you notice the article says that noone in SA issues permits for burning flags.

How much do you want to bet that if the guy burned and American flag there he would be charged with the same violation....burning without a permit.

THis is from the article linked in the OP;
Park police cited Bohmfalk for illegal burning of rubbish, even it was a Mexican flag he set ablaze.
That just backs up what I wrote above.

[Boost]

Meh, we'll see. The story makes it sound like Mr. Bohmfalk would not have been charged had it been a U.S. flag he was burning. And true enough that they are only "charges" but not an actual conviction...yet. But I don't think he should have even been charged in the first place, if 1 flag is covered by the first amendment to be burned, then so should all others.

[themadscientist]

Hating america is the in thing. Being a white male I am used to being blamed for everyone else's problems so it doesn't shock me. It's an interesting situation for me regarding Mexico and America.

I detest Mexico as a country but I harbor no ill-will towards it's people who have to try to survive any way they can which seems to be running to America.

I love America and all the idea stands for but I look down with great amounts of disdain on it's people. All these Americans so quick to denounce the country that allows them the freedom to be idiots and hand the country over to illegals, big government and greedy corperations.