"I'm burning this flag as a protest to that illegal fascist president that sits in that house, Carey shouted to onlookers as he set fire to the flag. He was promptly arrested by police. The justice department didn't explain its decision to drop the case against Carey, who served in Iraq, Bosnia and Afghanistan."
"This is a very significant victory for not only the first amendment rights of Mr Carey but the rights of all Americans to stand up and speak out on issues that they care about without being targeted for punishment by the justice department, Mara Verheyden-Hilliard, a lawyer for Carey, told NBC."
"Burning the US flag has been considered protected under the constitution since a 1989 supreme court ruling. However, in his executive order, Trump ordered his attorney general, Pam Bondi, to vigorously prosecute those who burn the flag, arguing that the action could spur violence."
Jan Jay Carey, a 55-year-old military combat veteran, was arrested in August after burning an American flag in Lafayette Square to protest a presidential executive order against flag burning. The Department of Justice dismissed charges against Carey without explanation, just before a deadline for prosecutors to respond to First Amendment violation claims. Carey's attorney emphasized the significance of the decision for protecting constitutional free speech rights. Although flag burning has been constitutionally protected since a 1989 Supreme Court ruling, the executive order directed aggressive prosecution of flag burners, arguing the action could incite violence. The dismissal represents a legal victory for First Amendment protections.
#first-amendment-rights #flag-burning-prosecution #constitutional-law #free-speech-protection #executive-order
Read at www.theguardian.com
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