Flag-Burning Is Protected Free Speech

When Trump issued an Executive Order that banned burning or desecrating the US flag, many people noticed the irony of him pardoning all of the January 6th insurrectionists who soiled the Capitol and assaulted police officers using flags on poles, yet wanting to imprison those who burn a flag. The Supreme Court has held multiple times that flag-burning is protected under the First Amendment. 

On the day Trump signed the order, North Carolina Army combat veteran Jan Carey exercised his rights and burned a small flag on top of some bricks in Lafayette Square across from the White House in protest of the unlawful Executive Order. He announced on a bullhorn what he was doing and why.

US Attorney for DC Jeanine "Wine Box" Pirro 🙄 (a former Fox News host) charged Carey with two misdemeanors that each carry a penalty of up to 6 months in jail. Instead of using the Executive Order as a legal basis (which would immediately fail in court) she drummed up two other charges: Count 1 is for Fire in an Undesignated Area; Count 2 is Lighting a Fire in a Manner that Causes Damage to Real Property or Park Resources.

In other words, they're coming up with reasons for criminal charges against people who exercise their rights. The case has been assigned to DC Federal Chief Judge James Boasberg who has yet to rule on a Motion to Dismiss the case, but has scheduled a status hearing for January 28th.

This bookmark is a link to that court docket.