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

Rep. Sean DuffySean Patrick DuffyKeep our elections free and fair Fox News contributor Campos-Duffy compares abortion to slavery Carson on HUD eviction plan: 'You take care of your own first' MORE (R-Wis.) says he is not on the same page as President-elect Donald TrumpDonald John Trump2020 Democrats spar over socialism ahead of first debate Senate passes .5 billion border bill, setting up fight with House 'Teflon Don' avoids the scorn of the 'family values' GOP — again 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.