Illinois Man Sues Over Arrest for Flag Burning
We previously discussed the case of Bruyton Mellott who was arrested after posting online pictures of himself burning an American flag has filed a federal lawsuit seeking to have the state’s flag desecration law declared unconstitutional. The 22-year-old the Wal-Mart employee was charged with flag desecration despite two Supreme Court cases clearly saying that such an act is constitutionally protected. After various experts (including myself) said that the arrest was unconstitutional, the charges were dropped, but Mellott is now suing. I personally find Mellott’s actions to be highly offensive and disturbing. I have never understood the burning of the flag which represents our collective rights, including free speech. Unfortunately, important free speech cases are often triggered by the most reprehensible forms of speech or most reprehensible individuals. In the end, the lawsuit may force legislators to confront the fact that they have continued a facially unconstitutional law on their books because they fear the political backlash if they comply with long-standing Supreme Court precedent.
Mellott, who is being represented by the American Civil Liberties Union of Illinois and his complaint names several police officers. Urbana police have said they arrested Mellott to protect him from possible backlash from the online posts. He is seeking unspecified damages.
Supreme Court has stated clearly that flag burning is protected under the first amendment in Texas v. Johnson (1989) and U.S. v. Eichman (1990).
Police say that they responded to demands from citizens for an arrest – hardly a convincing defense to say that we were merely trying to appease the public with an unconstitutional arrest. What is equally bizarre is that he was charged with disorderly conduct as well as being the victim of disorderly conduct. His conduct was deemed as “causing others to be put at risk of harm.” That is facially ridiculous. Just as the act is constitutionally protected, you cannot charge some for the response of others to a constitutionally protected act. It is like arresting a journalist for the response of a reader to an article.
In an interview , the late Associate Justice Antonin Scalia explained why flag burning is protected speech:
“If I were king, I would not allow people to go around burning the American flag. However, we have a First Amendment, which says that the right of free speech shall not be abridged — and it is addressed in particular to speech critical of the government,” Scalia said. “That was the main kind of speech that tyrants would seek to suppress.”
It is time for the legislature in Illinois to take as principled a stand and repeal this unconstitutional law. We can then continue as a society to denounce offensive acts like Mellott’s flag burning as a desecration of not only the flag but the rights that it represents.
Here is the complaint: Mellott Lawsuit
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Interesting situation. The lawsuit questions the existence on the books of a law that is clearly unconstitutional.
My initial impression is that the controlling authorities in local jurisdictions will keep the flag burning laws in place whether there is any constitutional logic to it or not. There may be political logic.
I don't approve of burning the flag, but it has been protected as a right, so how can we arrest someone for exercising their right?
What bothers me is: How does one properly dispose of an old and dirty flag? I mean, I have a flag that is in tatters. I don't want to fly it, because it is in such bad shape, but how do I get rid of it legally and without fanfare? I sure don't want to put it in the trash, that's disrespectful, too...
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I don't like flag burning BUT it doesn't emotionally enrage me. As a form of free speech, I accept it.
I spent over 21 years defending this flag, and that time I also spent defending the rights of those to burn it. I don't like it, but it is protected speech based on Supreme Court rulings. So, be happy that you can burn this country's symbol of freedom. If you were in another country, who knows where you'd end up?
The joy of protected speech is that I can berate those young Walmart Employees that feel they are making some type of 'statement' by burning the flag. I'd be happy if they were unable to re-produce, but Walmart will always need cashiers.....
I've never witnessed someone burning a flag. But like a cross and thousands or other artifacts, a flag is a symbol...and a sacred symbol for many. I do not make light of that. It is supposed to be free speech but that is an illusion too. Stick a crucifix in a beaker of urine and it gets a pass as "art". Doing the same thing with a qua-ran, and you'll get investigated for a hate crime.
I don't know why it disturbs me, a Canadian, when I see the Stars and Stripes being burned, but it does. In these modern times "respect" seems to have become a dirty word. I agree with Gunny's recommendation that the asshole who burned the flag should move to another country.