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

Rep. Sean DuffySean Patrick DuffySenate bill seeks to bring freedom back to banking Treasury expected to miss Dem deadline on Trump tax returns CNN's Cuomo: 'There's 100 percent behavior by people' around Trump 'that qualifies as collusion' MORE (R-Wis.) says he is not on the same page as President-elect Donald TrumpDonald John TrumpHouse Dems demand Barr cancel 'inappropriate' press conference on Mueller report DOJ plans to release 'lightly redacted' version of Mueller report Thursday: WaPo Nadler accuses Barr of 'unprecedented steps' to 'spin' Mueller report 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.