Reply #78: No reason whatsoever that flag burning with intent to intimidate couldn't be outlawed!

[depakid]

The symbolic nature of the expression- while not immaterial isn't the salient issue.

And if you go back and look my hypothetical you'll see that there would be additional proof of intent to intimidate on the matter. It's only a "grey area" because we have fairly limited guidance from the court as to what specific conduct would satisfy the requirement.

But we can say that the state or locality wouldn't be be limited to circumstances (or the standard) set out in Brandenburg.