@failures art,
failures art wrote:That's pretty complex, it might not be that complex at all. Remember, Terry Jones choice of words was to "declare war" on Islam. If his symbolic speech comes with subtitles, they read "bring conflict." I still think that he hasn't crossed the line into shouting fire in a theater yet. I am curious as to where that line should be drawn, because I think that people like Mr. Jones very specifically want commotion in the theater.
There isn't a whole lot of context to go on, but at first glance I have to say I was a little surprised. I had to read it a few times, and I'm still not sure what he meant by 'in the internet age'. So my initial interpretation was that he is saying if the burning of a Koran incites violence (when he asks, "And what is the crowded theater today? What is the being
trampled to death?”) then that is similar to shouting 'fire!' in a crowded theater. Which is legal, as long as there really is a fire.
Then, I thought, well, if you can't burn a Koran under the freedom of speech amendment, then you can't burn an American flag either. But really, if I'm reading Breyer's message correctly, one could still burn the flag as long as there was no incitement to violence. So, the Koran would be protected, but the flag wouldn't.
After reading it a third time, I'm going to admit I have no idea what he means. I guess if there's a pending case on the matter, we'll know soon enough. Interesting, though.