'...But the fundamental issue here is whether wearing the American flag, with all its freight, is the same as yelling "fire" in a crowded theater.
I don't think anyone has made that case.
We went through a national debate 40 years ago when people burned the flag to protest the Vietnam War. As free speech advocate Peter Scheer points out, the law that protected the desecration of the flag also protects wearing it.
You can't simply say there's a possibility of hard feelings or that anger could erupt. You need a threat of riot. And in retrospect, Morgan Hill school administrators have acknowledged the right to wear the flag, saying the incident was "extremely unfortunate..."'
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