Fox News host incorrectly claims flag burning is illegal, no one corrects her

“This is a historical flag of us. It doesn’t mean racism. It’s a part of our history. President Trump said it best in his speech last night, ‘We need to remember our great history and fight for a better future.’ If you erase the past, how are we ever going to move forward and do better?” Saphier asked.

“I know people talk about critics of people who are so pro-flag, they say ‘Why does it matter so much?’ You have to always remember what covers the coffin of a fallen soldier, the American flag. It is very important to honor it,” Shimkus added. “There was a video of somebody who stopped a burning of the flag at a protest, I think it was yesterday, with his hands. It means a lot to a lot of people. So yeah, there’s also that.”

Banderas followed up, “Two people were arrested after that. It’s a crime to burn the American flag. That’s how much we respect our American flag.”

Banderas was correct in stating that two people were arrested after a flag was burned outside the White House, but it was not for burning the flag. Secret Service tweeted Thursday that one person involved was arrested for alleged malicious burning and felony assault on a police officer, while a second individual was arrested for allegedly obstructing police and resisting arrest.

One of the individuals who was arrested was Gregory “Joey” Johnson, the same individual who brought a different flag burning case to the Supreme Court in 1984. At the time, Johnson was arrested for burning a flag while protesting the Reagan administration outside Dallas City Hall. In Texas v. Johnson, SCOTUS ruled that burning the flag was “symbolic speech,” which protected it under the First Amendment. 48 states subsequently had laws banning flag burning ruled unconstitutional.