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I saw some people pictures of people burning effigies during a protest, is this allowed in the USA? And what if I burned an effigy of a minority person based on their orientation or race, would that be considered at hate crime? What if it was of a politcal person I did not like, would that be legal? I don't think I actually want to do it because it seems ridiculous to me that anybody would want to act like that, I am curious about the laws regarding it though.

2007-08-22 14:00:46 · 5 answers · asked by eldude 5 in Politics & Government Law & Ethics

5 answers

Yes and no. It is a protected freedom of speech however, if burning one presents a danger to the public, then it is illegal. For instance, in most parts of the west, it is illegal during certain times of the year to have any sort of open flame due to the ever present danger of massive fires.

2007-08-22 15:42:56 · answer #1 · answered by Caninelegion 7 · 0 0

Of course it's legal. It's free speech (the First Amendment). But given the current political climate, and the nature of the current administration, be careful who you burn, lest you be labeled a "terrorist" or "enemy combatant" or whatever. If you're burning someone in effigy because of their race, that's also legal, but just plain mean. The person you're angry at is probably a bad person because he/she is a bad person, not because he/she is a minority. Hate crime statutes require that the crime be committed against an actual person, not a symbol of that person.

2007-08-22 14:16:25 · answer #2 · answered by Anonymous · 1 0

it would depend on where you did it...you can't endanger public safety. as far as the act itself, you would be breaking no laws...if it were a minority person's effigy, then that is still freedom of speech however hateful it is. some are sued for speech or acts that are meant to insult others, but unless bodily harm or damage to property is involved, it is not a hate 'crime' but there is a bill that passed the house and will be before congress soon that would make it one. i have written my congressmen and they both are against it and stated that it would not stand in the supreme court and is therefore another example of wasted dollars by irresponsible congressmen.

H.R. 1592: Local Law Enforcement Hate Crimes Prevention
Act of 2007 this would classify any clergy or anyone who spoke against homosexually would be subject to punishment. another attempt to erode our freedom of speech by liberals. it appears if passed, this would cover many things even the one you asked about.

2007-08-22 14:22:48 · answer #3 · answered by ? 7 · 1 0

Yes, you can burn an effigy. And you are also correct that you would be charged with a hate crime if the effigy was a portrayed as black.

2007-08-22 14:13:26 · answer #4 · answered by Anonymous · 2 0

whats an effigy? well burning anything in public like that is an arsen and might disturb the peace, so yea its probably illegal

2007-08-22 14:06:32 · answer #5 · answered by Anonymous · 0 1

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