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Iowa Flag-Desecration Laws Tossed »

Posted by: STONERS 2 years, 7 months ago

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Two state laws that prohibit misuse and desecration of an American flag are unenforceable and unconstitutional, a federal judge has ruled.

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Comments: 31

Avg rating: (+0/-0 0)
STONERS
March 28, 2007, 11:36 p.m.
The American Civil Liberties Union of Iowa brought a lawsuit on behalf of a man charged with a misdemeanor for flying a flag upside down and writing on it and another man also charged with flying a flag upside down. It declared the ruling a victory.
"Today should mark the end of government misuse of these laws to intimidate and harass those who disagree with government policies," said Ben Stone, ACLU of Iowa executive director, in a statement.
Avg rating: (+2/-11 -9)
Nowalive
March 28, 2007, 11:40 p.m.
Sad, very sad.
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natashas
March 28, 2007, 11:54 p.m.
Desecration of the American Flag is beyond political expression to me. Many people who I have never met have died for us and our country without us asking them to. I am here today because of them. I could never disrespect that.
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kboy
March 29, 2007, 8:38 a.m.
I feel that people that desecrate the American Flag should not be protected from bodily harm be affronted spectators.
Avg rating: (+2/-0 2)
Harbeas
March 29, 2007, 11:11 a.m.
Here we go again. The ACLU is a danger to this country because they defend a persons right to do whatever they please. Somebody help us.
Avg rating: (+20/-0 20)
Jordan
March 29, 2007, 12:40 p.m.
Bravo! I live in Iowa and am thrilled to see the first amendment upheld. Thanks for sharing, Stoners!
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torrent29
March 29, 2007, 2:23 p.m.
Personally, the right to burn the flag is afforded to us by the Constitution. However, if you hate the country you live in so much that you want to burn the flag then perhaps you're living in the wrong country.
Personally, much like one side calling the other traitors, it really never comes down to that. Liberal, Conservative, everyone loves their country they live in and all of us are just as proud of our country as anyone else. We all stand up for what we believe is right.
So the Constitution was upheld, and that is a good thing, but do not look so lightly on those who burn the Flag.
Avg rating: (+5/-0 5)
walden3
March 29, 2007, 4:43 p.m.
The first amendment is there to protect the most threatening, disgusting, anti-cultural expressions. Plain vanilla speech needs no protection.
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cleare
March 29, 2007, 5:20 p.m.
i'm yet again amazed at the ignorance of people who won't uphold our consitutional rights...
don't you folks know that the only proper way to dispose of a tattered, faded or torn flag is to burn it? haven't you ever been part of a color guard?
i'm disgusted by so-called patriots who display tattered, torn and faded flags and often displayed incorrectly. left up all night without illumination...
they seem to have a complete disregard for flag tradition, yet they "respect" it so much they want to punish others for using it to express their constitutionally protected freedom of speech. hypocritical.
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JohnChasWebb
March 29, 2007, 6:35 p.m.
Re: Iowa Flag-Desecration Laws Tossed
It is important to note that this case was decided on 14th amendment issues (equal protection) and NOT 1st amendment issues (free speech).
The court's determination was because there is no Federal Law (not a crime) regarding the mis-use of the flag so any state creating such a law is in violation of the 14th amendment.
To call flying the flag upside down (a universal distress call) "desecration" is a bit of a stretch. The 2nd defendant also wrote on the upside-down flag but was using the flag as a medium to indicate that there is a national problem. Neither defendant was trashing (intent) the flag nor the country but sending 'distress calls' as an indication of "Government gone Wild"!
The judge rejected the idea that the law violated the First Amendment. In this case the most narrow ground to decide the case was that Iowa's law attempted to trump the absence of a Federal Law protecting the flag.
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Riverrat
March 29, 2007, 9:38 p.m.
I read all the comments on how each feels about our flag and what is right or wrong about the way the flag is treated and the comment that we really dont fight for the flag but under the flag. That might be true but I think that those that have fought and are fighting for the flag and what it stands for may not agree that they are fighting under the flag and not for it. When you are truly involved
you dont really think of being under the flag, you think of being for the flag and what it stands for. I dont think I will ever feel that anyone has the right to mistreat our flag, no matter what they think about free speech or their right to dissent. I think I remember when people stood when the flag passed, and covered their heart when they heard our national anthem, not keep on talking and keeping their caps on while they scratch their nose or whatever.
Avg rating: (+6/-0 6)
ConquerorWyrm
March 29, 2007, 9:55 p.m.
This is an extremely good ruling.
Why?
1) Flying a flag upside down is, as is well known, an acceptable method of flying the flag. The meaning of such symbology is 'distress' or 'trouble' and can be seen, say, if on an outpost or redoubt, as a signal to the outside that help is needed. If flown in such a way in a non-military setting, the symbology is generally meant as 'the Nation is in trouble'. Again, this is an appropriate method for displaying the flag and those who brought charges for such a display should themselves be brought up on charges of stupidity.
2) Whether looked at Secularly or with the view that this is a 'Christian' nation, by protecting a symbol as such (an icon), one promotes either a)religious significance for a non-religious, secular symbol or b) from a Judao-Christian viewpoint, the creation of a false god via the idolotry of a, well, piece of cloth.
Flags ARE NOT sacred.
Avg rating: (+5/-0 5)
keyfitter
March 29, 2007, 10:37 p.m.
Cheer up, folks. The flag burners may get a
different colored flag to burn before long.
Just do a Google search for North American
Union.
Avg rating: (+5/-0 5)
keyfitter
March 29, 2007, 11:03 p.m.
I am not so sure about Corsi either, but there are
a lot of other links pertaining to this subject.
This "North American Union" may or may not be for
real, but it sure is a disturbing thought.