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What do you think about the LEGAL difference between burning a flag and burning a draft card? Explain your answer.

a) Freedom of Expression
b) National Security
c) Symbolic Speech
d) Civil Disobedience

User Rynhe
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1 Answer

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Final answer:

The legal difference between burning a flag and burning a draft card lies in the protection under the First Amendment. Burning a flag is considered symbolic speech and protected, while burning a draft card is not protected as a form of expression.

Step-by-step explanation:

The legal difference between burning a flag and burning a draft card can be explained through the concepts of freedom of expression, national security, symbolic speech, and civil disobedience.

Firstly, burning a flag is considered symbolic speech protected by the First Amendment, as ruled by the Supreme Court. This means that the act of burning a flag is seen as a form of expression, even though it may be offensive to some individuals.

On the other hand, burning a draft card is not protected by the First Amendment. In the case of United States v. O'Brien, the Court stated that burning a draft card is not a form of expression and can be restricted because it is directly linked to a significant governmental interest in maintaining an efficient and effective military draft system.

User Thomas Ruiz
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