I have been told for nearly half a century that waving a symbol (e.g. an American flag) is an act of speech, and negating that symbol (e.g. burning the flag) is likewise speech. (And I agree with both parts of that). https://www.tmz.com/2020/07/07/trump-supporters-paint-over-blm-mural-charged-hate-crime-black-lives-matter-bay-area-martinez/ …
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Governments can regulate the manner of speech (in certain circumstances) if content-neutral. They can criminalize painting over existing messages without prior approval. The arrest here does not violate the First Amendment.
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Their presumable refusal to authorize such speech does. I think someone is actually pursuing this, but the guys who just went ahead and painted over it aren’t them.
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To invoke Hines, these folks need to experience actual material loss, or this is going to keep happening.
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