title:  WATCH: Fox Legal Analyst DESTROYS Trump For Wanting To Punish Flag Burners
text: When Fox News host Stuart Varney bragged about Donald Trump wanting to imprison and strip citizenship from Americans who burn the flag, Fox legal analyst Andrew Napolitano smacked both of them down HARD.In a tweet posted around 4am on Tuesday, Trump literally called for punishing people who burn the American flag despite the fact that it s a form of expression protected by the First Amendment.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, 2016This tweet apparently pleased Fox host Stuart Varney, but before he could even finish reading the quote, Fox News legal analyst Andrew Napolitano laughed out loud and proceeded to school Varney and humiliate Trump with facts. What is wrong with a penalty for burning the American flag?  Varney asked. Two Supreme Court opinions that say I can burn my flag, I can t burn yours,  Napolitano replied.  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. The reason I chuckled is the penalty of stripping citizenship has been prohibited in the United States of America since 1789! Varney suggested that Trump could just  get a new Supreme Court and get a different ruling,  but Napolitano fired back. Get a different constitution! Rather than the one in which he was elected president. People cannot be prosecuted for expressing unpopular opinions. A giddy Varney warned,  Not yet. Here s the video via YouTube.What Trump is calling for would even make deceased Supreme Court Justice Antonin Scalia, a conservative hero, spin in his grave.During a 2012 interview, Scalia said that punishing Americans for flag burning is something that a king would do. If I were king, I wouldn t go about letting people burn the American flag,  Scalia told Piers Morgan.  However, we have a First Amendment which says that the right of free speech shall not be abridged, and it is addressed, in particular to speech critical of the government. I mean, that was the main kind of speech that tyrants would seek to suppress. Burning the flag is a form of expression. Here s the video via YouTube.So by trying to punish Americans for expressing themselves, Trump would be acting like the tyrannical king conservatives have accused President Obama of being for the last eight years. Only, in this case, Trump would actually be a real tyrant.Featured image via  Zach Gibson/Getty Images