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John McCain, Donald Trump agree on flag burning

Flag burning: the latest controversial topic has President-elect Donald Trump and Sen. John McCain on the same page.

PHOENIX - Flag burning: the latest controversial topic has President-elect Donald Trump and Sen. John McCain on the same page.

On Tuesday, Trump tweeted, "Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!"

McCain told CNN shortly after, "I do not approve of burning the flag. I think there should be some punishment, but, right now, the Supreme Court decision is that people are free to express themselves that way."

The Supreme Court has ruled on this issue twice, in 1989 and 1990. In both cases, the highest court in the land ruled that burning a flag is an "act of expression and symbolic speech."

They claim it's the type of action that the First Amendment was designed to protect.

One of the most conservative justices, Antonin Scalia, had a key vote in both. He said, while he doesn't approve of it, flag burning is fundamentally protected by the Constitution.

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