I actually agree with Breyer in his view that free speech needs to protect people saying things that bother other people. However, he's wrong about flag burning. I find the unwillingness to burn the flag abhorrent. The idea that government institutions are somehow sacred is revolting.
It's different with sacred texts like the Quran and the Bible. Paying reverence to these texts enforces the idea that man made institutions are fallible and subject to change. I'm not saying Quran burning should be illegal, just that it's distasteful in a way that flag burning isn't. Paying reverence to religious texts actually enforces the idea of natural rights in my view.
http://www.cnn.com/2010/US/09/15/US-Breyer-LKL/
It's different with sacred texts like the Quran and the Bible. Paying reverence to these texts enforces the idea that man made institutions are fallible and subject to change. I'm not saying Quran burning should be illegal, just that it's distasteful in a way that flag burning isn't. Paying reverence to religious texts actually enforces the idea of natural rights in my view.
http://www.cnn.com/2010/US/09/15/US-Breyer-LKL/
In an interview Wednesday on CNN's "Larry King Live," the associate justice compared the act of burning Islam's holy book to setting the American on flag on fire when asked whether the Rev. Terry Jones had the right to carry out the controversial plan.
"We protect expression that we hate," he said. "When you have a country of 300 million different people who think different things, it is helpful. It is helpful to tell everyone, 'You can think what you want.'"
Breyer, who served in the Army, acknowledged that witnessing an American flag being burned during the Vietnam War era triggered "a physical reaction of repulsion" in him. But, he added, free speech applies equally to popular and unpopular statements.
"It's so often I hear people say -- and particularly in college students -- 'Well, that's just so terrible what he's saying.' I say, 'Oh, you think that free speech is only for people who don't say things that are terrible?'" he said.