WASHINGTON (AP) — An Army veteran who set fire to an American flag near the White House to protest President Donald Trump’s recent executive order on flag burning pleaded not guilty Wednesday to federal criminal charges.

Jan Carey is charged with two misdemeanors that are not focused on the act of burning a flag. Making his initial court appearance, Carey was arraigned on charges of igniting a fire in an undesignated area and lighting a fire causing damage to property or park resources.

Chief Judge James Boasberg set on Oct. 17 deadline for Carey’s lawyers to file a motion to dismiss the case on constitutional grounds. Carey is due back in court on Dec. 1 for a status hearing.

Carey, 54, of Arden, North Carolina, was arrested on Aug. 25 after he set fire to a flag in Lafayette Park. Earlier that day, Trump signed an executive order requiring the Justice Department to investigate and prosecute people for burning the American flag.

The Supreme Court has ruled that flag burning is a legitimate political expression protected by the Constitution. Trump’s order asserts that burning a flag can be prosecuted if it “is likely to incite imminent lawless action” or amounts to “fighting words.”

  • LordCrom@lemmy.world
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    13 hours ago

    Burning a flag is a 1st amendment right. No matter what.

    So they charged him with defacing public property by burning a sidewalk? Oh and lighting a fire in a non designated spot?

    If he lit a Iraq flag would he have faced this?

  • Bluefalcon@discuss.tchncs.de
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    1 day ago

    First Amendment covers burning an American flag.

    (k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. (Disposal of Unserviceable Flags Ceremony)

    The flag is burned, daily, by the military. Trump has made the flag “no longer a fitting emblem to display”.

    • FaceDeer@fedia.io
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      23 hours ago

      I should note, since this comment is IMO confusingly worded, that the quote you provide is not from the first amendment of the US constitution. It’s from the United States Flag Code, which isn’t even a law let alone part of the constitutions. The flag code is basically just a guideline of etiquette that the American Legion published.

  • xxce2AAb@feddit.dk
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    1 day ago

    “What do you have to say for yourself, sir?”

    “I was decommissioning a flag that’s apparently no longer needed in strict accordance with the Flag Code.”

    “…”

    • bobs_monkey@lemmy.zip
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      23 hours ago

      Iirc, you’re supposed to dispose of a flag once it touches the ground for any reason, and the only acceptable disposal method is incineration.

  • besselj@lemmy.ca
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    1 day ago

    I’ve seen the video and yeah, the only thing that would probably stick is the damage to public property because he didn’t bring a bucket/container to burn the flag in.

  • snooggums@piefed.world
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    1 day ago

    Earlier that day, Trump signed an executive order requiring the Justice Department to investigate and prosecute people for burning the American flag.

    Wonder if there is a spare flag around here somewhere…