GOP rep: 'I disagree' with Trump on flag burning

Rep. Sean DuffySean Patrick DuffyMarch for Our Lives to leave empty seats for lawmakers at town halls GOP lawmaker: 'Of course' Dems will impeach Trump if they take control of House Longtime manager of Bon Iver to run for Congress in Wisconsin: report MORE (R-Wis.) says he is not on the same page as President-elect Donald TrumpDonald John TrumpGOP-Trump trade fight boils over with threat to cars Trump: Meetings on potential North Korea summit going 'very well' Freed American 'overwhelmed with gratitude' after being released from Venezuela MORE on flag burning.

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“I don’t think we want to make this a legal issue. So I disagree with Mr. Trump on that, and the court is probably right,” Duffy told CNN’s “New Day.”

Trump said early Tuesday that people who burn the flag should face “consequences.”

“Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!” he wrote on Twitter.

Trump communications adviser Jason Miller told CNN on Tuesday that he agreed flag burning should be illegal.

But Duffy broke with Trump, telling CNN that he loves the flag and his country, but that it is right to protect Americans who want to protest by burning the flag. 

“I think the court is probably right that we want to protect those people who want to protest and their right to actually demonstrate with disgracing our flag, even though so many of us who love our country and love our flag object to it,” he said.

The Supreme Court’s decision in the 1989 case of Texas v. Johnson allowed flag burning as protected free speech.