Is It Unconstitutional To Burn a Book

[NCC 1701]

Burn a book YOU own? (in a safe manor of course) I read an article about a church in G-Ville FL that is going to have a "koran-burn in", the deputy fire chief said G-Ville has an ordinance against the open burning of books, anyone know of any SCOTUS rulings?

[KeyWestDan]

Certainly you can burn a book or anything you own, provided it is done in a safe manner. The First Amendment protects content and thus all laws have to be content neutral, as any law about fire hazards would be, and there is no First Amendment claim that could overcome reasonable regulation of conduct. Now if you could not burn any book, such a law would fail as would laws burning the US flag, which have already failed.

[LawResearcherMissy]

The deputy fire chief's issue isn't so much with what is being burned, so much as where.

If you want to throw a book you own into your own fire place, no one has the authority to stop you. If you think you're going to have a big book bonfire in public, however, the fire department is going to be unhappy, and there are typically laws on the books to prevent this sort of needless hazard.

[BOR]

Burn a book YOU own? (in a safe manor of course) I read an article about a church in G-Ville FL that is going to have a "koran-burn in", the deputy fire chief said G-Ville has an ordinance against the open burning of books, anyone know of any SCOTUS rulings?

The logical place to start is with the Flag burning common law. In Johnson the SC ruled such conduct is expressive speech and is protected under the 1st AM.


http://supreme.justia.com/us/491/397/case.html


However, there is a safety issue.

While there is a 1st AM right to do so, it may be restricted to time place and manner.

The Johnson case did not deal with any outdoor burning laws.

I have read case law from the SC, but can not remember now what, that where two laws conflict, the weight must be given to the most binding or such.

Most probably IF they have been told to not burn them in the open per the FC, they may file for a Declaratory Judgment and Injunction to permit it??

[NCC 1701]

According to the story http://www.gainesville.com/article/2...-t-burn-Qurans it looks like a city ordinance, so it may be better if they go outside the city limits, and really, I wouldn't think it would be some huge raging bon fire anyway

[LawResearcherMissy]

You'd be amazed at how quickly little fires can get out of control.

Our city bans fire pits unless they have a chimney on them. So my chimenea is fine, but my neighbor got cited for his fire pit. (Nevermind that they sell them at the Lowe's up the street. They're not legal in the city limits.)

The reason is that some stray sparks got loose from an open ring, and sparked up a tree, which in turn sparked up someone's house. So now, you have to have one with a chimney in the city limits.

Fire departments take fire very seriously. If you really want to see all hell break loose, light up a fire ring in the Chicago city limits. They will ride down on you like the wrath of GOD. Any god, pick one. They'll open up a huge can of whoopass on you for playing with fire there.

[KeyWestDan]

Chicago?

I once had a friend go look at some house which turned out to be in what can be described as a ghetto and right on the main street's sidewalks in the area were 50 gallon drums with fires in them and guys standing around. There were alot of them. I thought I was in some third world country.

[kelanies]

I love it! Burn every Quran you can find!!!!! Just either get a burn permit or do it in someone's fireplace.

Support you 100%! They can have a mosque at ground zero when we can have a synagogue in Mecca!!