The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Climate Activists Pour Red Powder On Constitution Case At National Archives

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In recent years, climate activists have taken to pouring stuff (like paint or soup) on famous works of art to draw attention to their message. Of course, these artworks are behind thick glass, so these acts do not actually destroy the item. But symbolically, they get attention. As we learn in First Amendment doctrine, one way to garner attention is to destroy things that other people find valuable–such as burning draft cards and American flags. (As much as I respect Justice Scalia's vote in Texas v. Johnson, I'm still not sure he was right.)

Now, climate activists have turned to something that I–and I suspect you–find of the highest value: the United States Constitution. Two men poured some sort of red powder on the case housing the original Constitution at the National Archives.

For generations, activists have tried to sully the Constitution, figuratively. Now, they are doing so literally.

These men should receive the maximum penalty allowed under law.