CNN anchor, Trump transition spokesman debate constitutionality of flag burning

A fiery debate broke out on CNN’s “New Day” regarding President-elect Donald Trump’s proposed penalty for burning the American flag.

The communications director for Trump’s transition team, Jason Miller, and CNN anchor Chris Cuomo quarreled Tuesday about flag burning being a constitutional right and the legality of it.

“Chris, flag burning should be illegal. End of story,” Miller said.

Miller tried to shift the conversation’s focus to Trump’s transition strategies, but Cuomo pressed on, saying, “If you pass a law that contradicts the supreme law of the land, it is seen as unconstitutional.”

Miller did not respond to Cuomo’s comments about flag burning being a constitutional protection.

“I think most Americans would agree with me that flag burning should be illegal,” he said. “It’s completely despicable.”

“I don’t like people burning the flag either. I hold the flag as sacred as well,” Cuomo responded. “Doesn’t mean someone doesn’t have the right to burn it.”

This exchange followed a tweet from Trump Tuesday on the issue: “Nobody should be allowed to burn the American flag — if they do, there must be consequences — perhaps loss of citizenship or a year in jail!”

In cases held before the Supreme Court in 1989 and 1990, the right to desecrate the American flag was confirmed as a form of free speech.

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