Any surprise this charge wasn't filed? Aren't we beyond the burning-the-flag issue?
http://www.ktul.com/news/stories/0709/642778.html
I'm not surprised by the fact that he was arrested or the fact that no charges will be filed. The cop didn't know any better and the DA did. Straight forward really.
What people fail to understand is that the flag is a symbol of our freedom. Desecration of that symbol is an exercise of the freedom it represents. The right to exercise our freedoms is more important than a symbol of that right.
Doing it on stage for amusement is a d!ck move for sure (if it occurred as alleged), but there is no way it should be illegal. The proper response would be to boo the jerk off the stage and never hire, attend, or patronize him again.
/ burned a flag in college once (indoors even). It was in front of a professor that was a Marine too. It was part of a speech on Freedom in America. I made the above point that the flag is a symbol of freedom, then I burned it, and thanked those responsible for protecting not just symbols of our freedom but our rights to exercise those freedoms. When I lit the flag on fire you could clearly see that he wanted to hurt me, until I made my point. The assignment was to give a "controversial speech," the retired Marine Colonel (now a professor) gave me an A.
Even though it was part of an assignment, it still didn't feel right.
Wow, and to think I thought lighting a cigarette on stage in a high school production of "Death Of A Salesman" was really avant garde.
Burn a flag indoors for a speech? Wow, I couldn't have done it.
Hmm. Maybe a French flag or a North Korean flag, Nazi flag.
I guess it just matters if your after cheers or jeers.
Great publicity though. Im sure they are up to about 30 CD sales by now.
Supposedly the "stomping" happened when the singer, who was wearing the flag for his act, accidentally stepped on part of it that was dangling above the ground. Or at least that's what the singer said.
The video of the incident hasn't been released, but no charges are being filed.
Quote from: wordherder on July 23, 2009, 04:07:36 PM
Supposedly the "stomping" happened when the singer, who was wearing the flag for his act, accidentally stepped on part of it that was dangling above the ground. Or at least that's what the singer said.
The video of the incident hasn't been released, but no charges are being filed.
Wait, I thought he said that it was hanging on a speaker and it was touching the floor, and he didn't know.
Quote from: custosnox on July 23, 2009, 04:28:27 PM
Wait, I thought he said that it was hanging on a speaker and it was touching the floor, and he didn't know.
That is certainly what his attorney said.
Quote from: wordherder on July 23, 2009, 04:07:36 PM
The video of the incident hasn't been released, but no charges are being filed.
My understanding is that the video didnt support the officers statement, so the DA threw it out.
Quote from: patric on July 24, 2009, 12:27:30 PM
My understanding is that the video didnt support the officers statement, so the DA threw it out.
but the video still hasn't been released, and knowing the security and media control of the casino, it will likely not be released for public viewing.
None of this matters because what he did is protected under the 1st Amendment by proxy of the Supreme Court. The charges were tossed not because the tape didn't support the claim but the fact that the arresting officer let his personal feelings get in the way of constitutional right.
This is utter navel-gazing, but it seems like that if the statute did not require intent, the singer would have been better off legally if he argued that he was in fact intending to desecrate the flag. Without the speech element, there are no Constitutional grounds to bar prosecution for doing anything to the flag.