Linking to a WorldNetDaily article, Fox Nation posted the misleading headline: “Kagan is OK with Flag Burning; Are You?” In fact, Kagan said the government cannot punish people for burning flags in protest. She did not say she personally approved of flag burning.

Previously, Fox Nation scrambled to falsely portray Kagan as favoring censorship. Now she doesn't clamp down on speech hard enough.

Here's what Kagan wrote in the law review article cited by WorldNetDaily:

The government may stop protesters from burning flags by enacting a general restriction - say, a ban on lighting fires in public places. But the government may not specifically proscribe the burning of flags for purposes of protest.

See where she says she's “OK with flag burning?” Neither do I. And neither does conservative Justice Antonin Scalia, who, despite his personal contempt for flag burning, voted with the Court majority that ruled in 1989: “The Government may not prohibit the verbal or nonverbal expression of an idea merely because society finds the idea offensive or disagreeable, even where our flag is involved.” Scalia reportedly said the Constitution dictated his vote.

Will Fox Nation run an inflammatory headline, baselessly attacking Scalia? Not likely.