“In America, given our cherished Bill of Rights, “Flag burning” by an American is both emotionally offensive and legally protected political speech. Desecration, when devoid of political speech, however, is a crime. Indeed, being upon one’s knee in NFL games is in the same genre, albeit, less offensive.
What SFJ – an American-born & accredited entity is seeking to do, however – is to burn the flag of another nation – and here is the critical part – as part of a campaign, allegedly, as an unregistered foreign agent engaging in terrorist activities in India. The First Amendment has limits, and India’s laws, no less implicated, about flag-desecration, let alone terror and foreign agency, are the calculus of this calculated act to evoke, provoke and injure the sovereignty of a core American ally, India.”
ravi@ravibatralaw.com