NC Man Faces Charges After Burning American Flag
Attorneys for a Western North Carolina veteran arrested for burning an American flag in Lafayette Park have filed a motion to dismiss the charges. They argue the law cited is not applicable to flag burning and claim the prosecution is "vindictive."
Details of the Incident
On August 25, Jan "Jay" Carey, 54, from Asheville, burned an American flag outside the White House while shouting that it was a protest against the "illegal, fascist president" residing there. He was arrested that evening by the U.S. Secret Service and handed over to U.S. Park Police.
Legal Charges
- Lighting a fire in an undesignated area
- Lighting a fire causing damage to real property and park resources
These charges were filed on August 27 according to federal court documents.
Context of the Prosecution
The arrest occurred shortly after President Donald Trump signed an executive order titled Prosecuting Burning of the American Flag, aimed at intensifying criminal prosecutions of protesters who burn the flag. Trump advocated for sentences of up to one year for violators.
"One year" sentences for violators despite the 1989 Supreme Court case Texas v. Johnson, which ruled flag burning as "symbolic speech," protected under the First Amendment.
Legal Precedent
The 1989 Supreme Court ruling in Texas v. Johnson defined flag burning as protected symbolic speech under the First Amendment, which complicates recent prosecutions aimed at punishing such acts.
Author's summary: The veteran's attorneys assert that his flag burning protest is constitutionally protected symbolic speech, challenging recent efforts to criminalize such acts despite Supreme Court precedent.