MARYVILLE, Tenn. (AP) – A teenager was jailed for nine days after being accused of burning an American flag on the Fourth of July, and he faces trial next month.
While the case could test a state statute against flag burning – an act the U.S. Supreme Court says is protected under the First Amendment – prosecutors said Andrew Elisha Staley has yet to argue that he was exercising free speech rights.
“Bottom line is, the kid got drunk,” said Lisa Lee, his mother. “He’s never been in trouble before.”
Staley, 18, is accused of taking the flag from a residence and setting it on fire. His father said the teenager “has no reason for anger against the United States” and could easily have ignited a garbage can instead of a flag.
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The teenager was released from jail Thursday on his own recognizance while he awaits his Aug. 2 trial on charges of desecrating a venerated object, underage drinking, littering, evading arrest, burning personal property and theft.
The Tennessee flag-burning statute makes the crime a misdemeanor, punishable by less than a year in jail and up to $2,500 fine.
If the guy took and destroyed someone’s property, charge him for that. Why file a special charge because it was a flag? Or, more pointedly, why do we even have a law about desecrating a flag? I assume the statute at issue is this:
39-17-311. Desecration of venerated object.
(a) A person commits an offense who intentionally desecrates:
(1) A place of worship or burial; or
(2) A state or national flag.
(b) A violation of this section is a Class A misdemeanor.
Why do we have a law protecting the Tennessee and United States flags? Because people place more stock in symbols than in their supposed principles.
Let freedom reign.