Legal Action Against Man Burning American Flag
Attorneys for a Western North Carolina resident, Jan "Jay" Carey, 54, who burned an American flag outside the White House, are seeking to dismiss charges, arguing they are inapplicable and that he faces a vindictive prosecution.
Details of the Incident
Carey burned the flag on August 25, protesting against what he called an "illegal, fascist president" inside the White House. The incident occurred hours after President Donald Trump signed an executive order aimed at increasing prosecutions of flag burners.
Legal Proceedings and Charges
- Carey was arrested by U.S. Secret Service and transferred to U.S. Park Police.
- He faced charges of lighting a fire in a non-designated area and causing damage to property on August 27.
- Federal court filings indicate he was accused of "lighting a fire in a manner that causes damage to real property and park resources."
Context of the Presidential Order
President Trump’s executive order titled "Prosecuting Burning of the American Flag" seeks harsher criminal penalties for flag burning, calling for "one-year" sentences, despite the 1989 Supreme Court case Texas v. Johnson.
In Texas v. Johnson, the Supreme Court held that flag burning constitutes "symbolic speech" protected under the First Amendment.
Author's summary
Legal efforts to dismiss charges against Carey highlight conflicting views on flag burning, with critics seeing Trump's order as an attempt to suppress protected free speech.
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