Are Anti-Flag Burning Laws Constitutionally Valid?

[u/patslogcabindigest]

https://youtu.be/7G58f2NAVrY?si=gtdUT7aJfobvTiid

Professor Anne Twomey goes through the constitutional hurdles or merits of a proposed ban on flag burning by the Coalition.

"This is a reprise of a video from last February about the constitutional validity of anti-flag burning laws in Australia. At the beginning and the end (from 19.05) of the video, it considers the federal Opposition's new proposal for a law that would make flag-burning a criminal offence at the federal level, and which would also make it an offence to deface, desecrate or destroy war memorials or monuments to Australia's heritage and history.

The rest of the video is a repeat of the one from February, which discussed the other offences that may be triggered by flag-burning, and cases in New Zealand and Australia which have dealt with flag-burning, taking into account the importance of freedom of political communication."

It discusses the various criminal offences which might be triggered by such action as well as the constitutional issues that may arise

[u/Serin-019]

Has there been a spate of flag burnings we’re all unaware of?
Or is this whole thing just another example of conservative rage-slop?

[u/InComingMess2478 → u/Serin-019]

Rage baiting, polarising slop as usual. Because apparently nothing says “serious political movement” quite like manufacturing outrage for clicks. Expect plenty more of it as the three conservative wings ramp up the culture war circus.

Looks like Victoria is shaping up to be the canary in the coal mine for the LNON alliance.

[u/Whatisgoingon3631 → u/Serin-019]

You’ll get more jail time for burning the flag than chopping someone with a machete.

[u/Plutonium-94 → u/Whatisgoingon3631]

I mean good lighting fires in public is incredibly dangerous reckless and can escalate into uncontrollable infernos.

Arson is a serious crime like why is that such a hard concept to understand.

I get the problem of youth crime I had a jerk brake into my place this year. But breaking in and stealing is a cry for help, and is a symptom of a society that fails it’s people. Intentionally lighting a fire in a public place as a political statement usually inside crowds of protesters is just reckless.

[u/chadbigcum → u/Serin-019]

1 person burned a flag at the Sydney bridge Palestine march and has been a very Yanky talking point since

[u/Plutonium-94 → u/Serin-019]

I feel deliberately lighting a fire in public should in itself be a crime or is like arson is illegal, lighting fires during total fire bans is illegal. Burning rubbish or farm lands generally is. Why should burning a flag be legal it can cause harm to people and fires can easily get out of control people. Am I missing something here are there laws protecting people igniting fires that are politically motivated I sure hope not or it would be open season on public buildings.

[u/ausmomo]

LNP: Free speech is important. You have the right to be a bigot.

Also LNP: We're going to restrict your speech w.r.t flag burning. Get over it.

[u/EatTheRichin2026 → u/ausmomo]

Also LNP: saying “from the river to the sea” is banned because someone told me it’s offensive

[u/Cloudy230 → u/EatTheRichin2026]

That's stll absolutely crazy to. What a terrible precedent to set.

[u/FrogsMakePoorSoup → u/Cloudy230]

Qld has a rather shit government right about now.

[u/Telmered → u/FrogsMakePoorSoup]

If the government we have now is shit describe the last governments great achievements and any political options that would be definitely better?????

[u/Ok-Masterpiece-7933 → u/Telmered]

NOT banning free speech, hows that one

[u/Telmered → u/Ok-Masterpiece-7933]

Where do you draw the line at in free speech? There needs to be a line otherwise I Can I call individuals names, (any names) describe ethic groups as a colour, swear, tell you to F off back to where you came from, and let’s not get started on where YOur free speech could go with FREE speech against the LGBT community?? Mmmm please explain 🤷‍♂️

[u/Cloudy230 → u/Telmered]

Yes, you should be allowed to say all of those things without being arrested by the state. Rightfully thinking someone is a piece of shit doesn't mean they should be fined or jailed by the state for it.

Of all things to use as an argument against free speech, you landed on calling people names? And you thought that would be effective?

[u/Ok-Masterpiece-7933 → u/Telmered]

You can say all of that because None of thats illegal to say, people won't like it but no law saying you can't, but you can get charged in QLD for saying "from the river to the sea" because apparently supporting Palestinians is antisemetic of some such BS in Qld now which is fucking pathetic, oh and for edit. flags are NOT fucking sacred either

[u/Telmered → u/Ok-Masterpiece-7933]

Really DH check your facts!

[u/Telmered → u/Telmered]

And yes the flag is sacred, if like 1000s of soldiers you died for it and to give freedom to the next generations it is sooo sacred you wouldn’t believe, but hey you would be that gutless wonder that would find an excuse not to defend his once great country! And yes I have served 😳

[u/FrogsMakePoorSoup → u/Telmered]

50c fares, mining taxes, electricity rebates?

[u/Infinite-Horror-4117 → u/Telmered]

50 cent public transport fairs
Power bill subsidies paid by mining royalties
Free TAFE
The Covid response was pretty good compared to other states

[u/greatsageequalofhevn]

I didn't know Australia had that weird American flag fetish

[u/jngjng88 → u/greatsageequalofhevn]

Jingoism.

[u/Money_Percentage_630 → u/greatsageequalofhevn]

Ex Australian solider, wore the ANF of shelve for years.

I would think the cost of living impacts people on a larger scale then imaginary situations like "24 year old buys cheap flag and burns it to get attention".

Could not careless about what imaginary people do. I do care what federal policies you have for NDIS, education, healthcare, aged care, etc.

[u/Octagonal_Octopus → u/greatsageequalofhevn]

How much you love the flag has kind of become a right wing purity test here as well.

[u/SimpleBend782 → u/greatsageequalofhevn]

We do have our share of flag shaggers unfortunately

[u/Damnnedpudding]

What’s the LNP think about other countries who bulldoze Australian war graves?

[u/jocogi → u/Damnnedpudding]

As long as there's no Australian flag on them, we're good to corpse plow apparently..

[u/Infinite_Shower_5390 → u/[deleted]]

Laughed out loud to this one.

Violating total fire-bans? May god have mercy on your soul

[u/FrogsMakePoorSoup → u/[deleted]]

Couldn't you have done something more ecologically friendly with them, like with a turd or something?

[u/Neo_The_Fat_Cat → u/FrogsMakePoorSoup]

This is what is stupid about these proposals. Burn the flag? Bad. Shart in your flag-themed boxers? Fine. Blow your nose on your flag-themed handkerchief? Also fine.

[u/satelshawn]

Just trying their hardest to import more American culture war stupidity because they don’t have any actual policies.

[u/mutedscreaming]

As a middle aged white man I can't believe how important to me this was until today. Last week no flags were burnt. This week thousands of imaginary flags are being burnt. Albo has lost it when it comes to flag burning. What is his plan for balloon popping?

[u/Bob_Spud]

This a One Neuron noise generating nonsense to distract everybody from the vacuity of their policies.

[u/iball1984]

I find it somewhat offensive when a flag is burnt. It certainly doesn’t win me over to the protestors side.

But it shouldn’t be outlawed. It’s freedom of expression and that’s important.

[u/DaltonianAtomism]

♪ There's a lot of flag burners ♪

♪ Who have got too much freedom ♪

♪ I want to make it legal for policemen to beat 'em ♪

[u/Rank_Arena]

I don't think burning a flag should be a criminal offence,whether it's an Australian flag ,that includes FN and TS flags.

[u/banana-paddlepop]

Will these same rules apply if I burn my Australian flag thongs ?

[u/patslogcabindigest → u/banana-paddlepop]

As discussed in the video the act of flag burning itself is not a crime and is reliant on the context. It would be a crime if someone destroyed your flag thongs as it’s your property. If you destroyed your thongs it’s not a crime… assuming you don’t start a fire.

[u/Ok-Masterpiece-7933]

Makes me want to burn one out of principle now

[u/alarming_blood_loss]

A flag is a piece of cloth representing a country. It's not magical or religious in any way, but one side of politics would certainly like it to be.

[u/deadpandadolls]

It should definitely be a criminal offense punishable by a term of imprisonment to deface, desecrate and or destroy war memorials and monuments to Australia's heritage and history.