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Should be waterboarded on the way to the rest of that stuff. by law, you are protected by the first amendment to do these things. there is stuffhey look at with the first amendment that gives me pause sometimes. the first amendment protects rosie o'donnell's right to send out a shameful and awful tweet that included the president-elect's 10-year-old son the other day. unfortunately you can do that. that's what the world of social media has become all the way to the white house now. >> i want to put it up for context. this issue comes up with flag burning and the last time was about ten years a...

Of the president-elect when i say that i, too, agree that this should be illegal. it's completely ridiculous. and you know who actually agrees with the president-elect would be hillary clinton. who as we know in 2005, introduced legacy that would make flag burning punishable by up to $100,000 fine and upwards of a year in prison. so this is something i think most americans oppose flag burning and think it's ridiculous. >> jason, i've got to jump in on this. there's obviously a difference of opinion among a lot of americans th s on this question. there's a court ruling that's right now in effec...

Or is he trying to distract from other sensitive issues that have come up? >> either way, i don't think what sensitive college students are doing should be the kconcer and purview of the president at 6:55 in the morning, nor should he take those concerns to twitter. in addition to what jeffrey was saying, this is particularly disturbing because donald trump has a penchant, an impulse, to immediately punish someon who disagrees with him. we've seen it in his skaudiscuss of opening up libel laws. jailing flag burners. there is such a disconnect between donald trump and the underpinning flo under...

A ruling that senator majority leader mitch mcconnell said he supports. >> the senaupreme court has hel that's a protected right, a form of unpleasant speech, and in this country we have a long tradition of respecting unpleasant speech. >> reporter: transition officials are dismissing those views. >> the flag burning should be illegal. the president-elect is a very strong supporter of the first amendment. i also think there is a big difference between that and burning the american flag. >> reporter: all this as trump takes aim at the media retweeting seemingly random supporters criticizing cnn...

President-elect. he's talking about things like flag bushing. if we can, i'd like to get your reaction to his latest tweet, for lack of a better word today, where he says there should be some kind of punishment for flag burning. whether it be a year of imprisonment or loss of citizenship. >> president-elect is showing he intends to use the bully bull pit, in some ways to bully more than lead. my advice would be to put the phone down, stop tweeting and focus on choosing a secretary of state and secretary of defense rather than peeling us off into a side fight about whether or not americans thin...