NC Man Charged After Burning American Flag Faces 'Vindictive Prosecution,' Attorneys Say
Attorneys for a Western North Carolina veteran arrested after burning an American flag in Lafayette Park have filed a motion to dismiss the charges against him. They argue that the law used to charge him does not apply to flag burning and claim he is being "vindictively prosecuted."
Incident Details
On August 25, Jan "Jay" Carey, 54, an Asheville-area resident, burned an American flag outside the White House. During the act, he shouted that the fire was "in protest of the illegal, fascist president that sits in that house."
Arrest and Charges
- Carey was arrested that evening by the U.S. Secret Service and then transferred to the U.S. Park Police.
- On August 27, he was charged with lighting a fire in an undesignated area and "lighting a fire in a manner that causes damage to real property and park resources," according to federal court documents.
Context of the Case
Carey's arrest occurred shortly after President Donald Trump signed an executive order titled "Prosecuting Burning of the American Flag." The order aims to increase criminal prosecutions against protesters who burn the flag.
Trump called for "one year" sentences for violators, despite the 1989 Supreme Court ruling in Texas v. Johnson, which established flag burning as "symbolic speech" protected by the First Amendment.
Summary
This case highlights ongoing tensions between flag burning as political expression protected by free speech rights and federal efforts to criminalize such acts.
Author's summary: The case of Jan Carey underscores the clash between First Amendment protections of flag burning and recent federal attempts to increase penalties for such protests.