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Advisory Opinions

When Flag Burning Becomes a Crime | Interview: Sanford and Cynthia Levinson

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 28 August 2025

⏱️ 56 minutes

🧾️ Download transcript

Summary

Sarah Isgur and David French talk about flag burning and protected free speech in the wake of President Donald Trump’s executive order on the same subject. Then, husband-wife duo Sanford and Cynthia Levinson, authors of Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today, join to discuss why they believe some of our contemporary political problems stem from our founding document. The Agenda:—President Trump's executive order—Texas v. Johnson—Dinkus vs. Dingus—Greenbag.org—NIH v. American Public Health Association—Intro to constitutional law for non-lawyers Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Ready?

0:02.0

I was born ready.

0:04.0

Welcome to Advisory Opinions. I'm Sarah Isger. That's David French. And do we have a show for you? We're going to burn some flags. We're going to talk about the dinkists. And of course, we've got that amazing Supreme Court interim docket decision on grants for one for what plus special guest professor sandy levinson of the

0:41.1

university of texas and his wife cynthia leavenson are going to talk about their book fault lines in

0:46.6

the constitution to answer one of the questions we get a lot on this podcast all coming up on

0:53.2

advisory opinions.

1:02.3

All right, David, I think we got to start with some flag burning. The president has issued an executive order, not criminalizing flag burning, because that's not an option after Texas v. Johnson,

1:10.2

but saying that the Department of Justice should

1:13.7

prioritize other crimes that may have occurred if a flag was also burned. So think disorderly conduct,

1:21.8

you know, incitement, et cetera. I thought that we should start with Texas v. Johnson, just to give everyone a reminder what the 80s

1:31.4

felt like, and go from there as to why that dog won't hunt either. So, David, I was actually

1:40.3

writing something on Texas v. Johnson a little while ago and did, you know, some good

1:44.7

research into the background of that case. Can I read you what I wrote that I never published?

1:49.6

Yeah, please. I'd love that. Joey Johnson was the last of the true hippies. As thousands were gathering

1:56.7

in Woodstock, he was coming of age as a 13-year-old living on an American military base in

2:01.0

West Germany with his stepfather. He was already opposed to the war in Vietnam and spent his

2:05.4

time reading about drafty protests. In just a few years, he was back in the United States,

2:11.0

a high school dropout in a member of the revolutionary communist youth brigade, ready to be

2:15.9

one of those protesters he'd idolized while in Germany.

2:19.0

But by the mid-80s, the anti-war movement he had so wanted to be a part of had largely petered out.

2:25.2

Bell bottoms and free love had been replaced by pinstripes and greed is good.

2:29.2

Michael J. Fox, as the precocious Alex P. Keaton, was the perfect encapsulation of a new conservative generation

...

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