I do accept that, with - with respect to those vague terms in the Constitution such as equal protection of the laws, due process of law, cruel and unusual punishments. I fully accept that those things have to apply to new phenomena that didn't exist at the time.

Burning the flag is a form of expression. Speech doesn't just mean written words or oral words. It could be semaphore. And burning a flag is a symbol that expresses an idea - I hate the government, the government is unjust, whatever.

I think Thomas Jefferson would have said the more speech, the better.

Antonin Scalia Quotes