Fox News senior judicial analyst Judge Andrew Napolitano couldn’t help but laugh on Tuesday after President-elect Donald Trump suggested that citizenship could be revoked as punishment for burning the American flag.
In a tweet on Tuesday, Trump insisted that “[n]obody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!”
Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!
— Donald J. Trump (@realDonaldTrump) November 29, 2016
Appearing on Fox Business later in the morning, Napolitano let out a belly laugh before host Stuart Varney could finish reading Trump’s tweet.
“There are two Supreme Court opinions that say I can burn my flag, I can’t burn yours,” Napolitano explained. “Burning the American flag is a form of protected freedom of speech as reprehensible as it is, as demonstrative of a hatred of American values as it is — I fully agree with the president elect on that.”
“But you cannot prosecute for it,” he added. “The reason I chuckled is the penalty of stripping citizenship has been prohibited in the United States of America since 1789!”
“Get a new Supreme Court and get a different ruling,” Varney suggested.
“Get a different constitution!” Napolitano shot back. “Rather than the one in which he was elected president.”
“People cannot be prosecuted for expressing unpopular opinions,” the judge insisted.
“Not yet,” Varney laughed.
Watch the video below from Fox Business, broadcast Nov. 29, 2016.