PA Man Charged with Desecrating American Flag

[Mark 1911]

I think its wrong to desecrate an American flag. But are acts of desecration protected by the first Amendment? I've seen instances of people burning the flag go unpunished. There is also a house near where I deer hunt that always has the flag upside down. I never understood the meaning of flying the flag upside down until I read this article. This man was arrested for flying it upside down and spray painting it. Can't say I feel sorry for him. What do you think?

Pennsylvania man charged in flag desecration | Fox News

 

[HoughMade]

Seems like a law that can not stand.


Although my favorite quote from the article is: "Joshuaa Brubaker said he meant no offense,..."


Well, Joshua, if that's true, you're doing it wrong.

[edit] If they are using the "desecration of objects of veneration statute", and I don't know if there is another one which would apply, then in additional to First Amendment issues, it appears to be unconstitutionally vague.

 

[Que]

 

[MisterChester]

Why should flag desecration not be covered under the 1st amendment? Only crime I see is someone being detained for doing something legal.

Article says people have been offended. It highlights a bigger problem of people being offended so easily. You have to apologize for EVERYTHING these days.

 

[T.Lex]

You have to apologize for EVERYTHING these days.

Sorry 'bout that.

 

[Rookie]

Put me on the jury.

 

[Expat]

Haven't there already been several of these laws overturned in Federal Court?
I personally find it shameful, but it is apparently legal to do.

 

[Rookie]

Texas v Johnson
"Though symbols often are what we ourselves make of them, the flag is constant in expressing beliefs Americans share, beliefs in law and peace and that freedom which sustains the human spirit. The case here today forces recognition of the costs to which those beliefs commit us. It is poignant but fundamental that the flag protects those who hold it in contempt." Justice Kennedy

 

[BehindBlueI's]

Well, a few things come to mind.

1) Indiana still has a flag desecration law on the books.

2) Case law is pretty clear that the 1st Amendment covers that these incidents are protected political 'speech'.

3) The IC code would promptly go away if ever enforced, its common knowledge, but no politician wants to be the one to be the one painted as 'lover of flag burning hippies' come next election.

4) From the article:

"People have made too many sacrifices to protect the flag and to leave this happen in my community, I'm not happy with it," L.J. Berg, the Allegheny Township assistant police chief,

Well, Chief, no one said you had to be happy about it. You being unhappy doesn't make it illegal. Besides which, no one died to protect that flag. He probably went to Wal-mart and picked it up, along with the spray paint. If anyone died, it was a child laborer in the factory in China that made it. If you mean veterans, we didn't fight for the flag and no one died for it. We fought for the IDEAS BEHIND THE FLAG. You can destroy a flag, you can't destroy the symbolism behind it. Part of the ideas behind it is for guys like him to express himself and guys like you to express your unhappiness about how he expressed himself with no one getting jailed.

 

[Denny347]

Some officers are just dense.

 

[Benny]

That's dumber than hell. If he bought the flag, he should be able to do whatever he wants with it.

 

[Scutter01]

Sorry 'bout that.

What are you, Canadian?

 

[chraland51]

Didn't Mmoja Ajabu, the self-appointed leader of the Indy chapter of the black panthers burn a flag years ago and get completely away with it? If I remember correctly, he also sprayed lighter fluid on several people who were standing around doing nothing. My memory is quickly fading. Does anyone else remember this? I think it was around the time that an Olympic flame was being carried through the city several Olympics back.

 

[Darral27]

As far as I am aware flying the flag upside down does mean distress. Many people feel that we are a nation in distress. I have no complaints about that. The article did not say what was spray painted on the flag, regardless I see no point in spray painting the flag for any possible meaning but that does not mean that he should be arrested for doing so. How many Illegal immigrant rally's have we seen with people burning and stomping on our flag? If somebody is going to do it I guess I would rather it be a legal citizen.

 

[T.Lex]

What are you, Canadian?

No, sorry.

 

[BigBoxaJunk]

One must either see it as blatant hypocrisy to penalize people for desecrating the flag

Or admit that Americans do not believe in freedom.

 

[T.Lex]

There are 2 kinds of people in this world: absolutists, nonabsolutists, and others.

 

[BigBoxaJunk]

There are 2 kinds of people in this world: absolutists, nonabsolutists, and others.

Not surprising to hear that a lawyer is a fan of: Everything's negotiable.

 

[HoughMade]

Yeah I know, lawyers are b@st@rds until you need one...then you want the biggest b@st@rd of them all.

 

[Expat]

Yeah I know, lawyers are b@st@rds until you need one...then you want the biggest b@st@rd of them all.

Usually the ones working for my side, are okay. They are just b@st@rds to the other people.