In order for the First Amendment not to risk being diluted by any law and subsequent ruling of the SCOTUS, we need a new Amendment to accomplish President Trump’s goal of punishing flag burning with 1 year in prison.
I propose the following amendment to accomplish Trump’s goal while STRENGTHENING the First Amendment:
Amendment
Section 1. The desecration of the flag of the United States, when performed as an exercise of free speech or expression, shall be punishable by up to one year of imprisonment. This provision shall serve as an exception to the protections of the First Amendment, established in honor of those who have sacrificed their lives in service to the nation.
Section 2. Congress shall have the power to enforce this article by appropriate legislation.